Reforming the WTO: Balancing Multilateral Consensus with Emerging Plurilateral Agreements
Syllabus Mapping: GS-2/3: Important international institutions, international relations, inclusive economic growth and global trade governance.
Established under the Marrakesh Agreement (1995), the World Trade Organization (WTO) has been the cornerstone of the rules-based multilateral trading system. But due to rising geopolitical tensions, technological transformation and prolonged negotiating deadlocks have intensified calls for WTO reform while simultaneously accelerating the emergence of plurilateral agreements among willing members.
Why Has WTO Reform Become Imperative?
- Strengthening Institutional Credibility: Persistent institutional deadlocks have weakened confidence in multilateral trade governance and encouraged countries to pursue alternative arrangements.
- Reviving an Effective Dispute Settlement Mechanism: A credible dispute settlement system is essential for ensuring predictability and legal certainty in international trade. The paralysis of the Appellate Body has undermined the enforceability of WTO obligations. Eg: The WTO Appellate Body has remained non-functional due to vacancies, with the last sitting member’s term ending in November 2020
- Outdated Trade Rules for the Digital Economy: Existing WTO agreements were negotiated before the emergence of digital trade, cross-border data flows and platform-based commerce. Contemporary trade increasingly requires rules governing e-commerce and digital services.
- Negotiation Deadlocks: The consensus-based decision-making process safeguards inclusiveness but has often slowed negotiations, making it difficult to conclude agreements on contemporary trade issues.
- Balancing Developmental Interests of Developing Countries: Developing economies seek greater policy space to pursue industrialisation, food security and structural transformation while integrating into global value chains.
- Responding to Emerging Global Trade Challenges: Climate policies, industrial subsidies, supply chain resilience and economic security have transformed the global trade landscape, requiring updated institutional responses.
Challenges in Balancing Multilateral Consensus with Emerging Plurilateral Agreements
- Erosion of the Consensus-Based Multilateral Framework: While plurilateral agreements facilitate faster negotiations among interested members, they risk bypassing the WTO’s consensus principle, weakening the legitimacy of multilateral rule-making.
- Fragmentation of Global Trade Rules: Multiple Joint Statement Initiatives (JSIs) on issues such as e-commerce and investment facilitation may create overlapping regulatory frameworks, increasing compliance costs and reducing uniformity in global trade rules.
- Weakening the Inclusiveness of the WTO: Plurilateral negotiations often involve only willing members, raising concerns that smaller and least-developed countries may have limited influence in shaping future trade norms.
- Dilution of Special and Differential Treatment (S&DT): Many developing countries fear that issue-specific plurilateral agreements could gradually weaken the long-standing principle of Special and Differential Treatment, limiting their policy space for development.
- Marginalisation of Developing Country Priorities: The growing emphasis on digital trade, investment and environmental standards may divert attention from unresolved issues such as agricultural subsidies, public stockholding and food security.
- Unequal Negotiating Capacity: Developed economies possess greater technical expertise and institutional capacity, enabling them to shape emerging trade rules more effectively than many developing and least-developed countries.
- Absence of an Operational Appellate Body: Even if new agreements are negotiated, the absence of a fully functioning appellate mechanism undermines confidence in dispute resolution and rule enforcement.
Towards a More Effective, Inclusive and Future-Ready WTO
- Rule-Based Dispute Resolution: A credible dispute settlement mechanism is indispensable for preserving the WTO’s rules-based trading system. Adopt the pending Multi-Party Interim Appeal Arbitration Arrangement (MPIA)
- Promoting Flexible Multilateralism: Plurilateral agreements should remain open, transparent and voluntary, enabling broader participation without undermining the multilateral character of the WTO.
- Reaffirm Special and Differential Treatment (S&DT): Reforms should continue to provide adequate policy space for developing and least-developed countries while promoting their meaningful integration into global trade.
- Building a Future-Ready Rulebook: The WTO should develop transparent and predictable rules on e-commerce, digital trade and cross-border data flows while respecting members’ regulatory autonomy.
- Strengthen Transparency and Institutional Accountability: Timely notifications, stronger committee oversight and digital reporting mechanisms can improve compliance, reduce disputes and enhance trust among members. Eg: WTO members are pursuing “Reform by Doing” initiatives to improve the day-to-day functioning of WTO bodies.
- Resolving Legacy Development Issues: Issues relating to agricultural subsidies, public stockholding and food security should be resolved alongside negotiations on emerging trade issues to maintain the legitimacy of the multilateral system.
- Fostering Inclusive Capacity Building: Technical assistance, digital infrastructure and trade facilitation support can enable developing economies to participate more effectively in future trade negotiations.
- Strengthening Policy Coherence: The WTO should strengthen collaboration with institutions such as the IMF, World Bank and UNCTAD to address cross-cutting challenges relating to trade, development and climate resilience.
The future relevance of the WTO lies not in replacing multilateralism with plurilateralism, but in making multilateralism more responsive, inclusive and effective.
PRELIMS BOOSTERS
1 . Internet Shutdowns in India – Legal Framework
- Following the temporary internet shutdown in parts of Delhi during the CJP protest, the legal framework governing internet shutdowns has again come into focus. Since the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024 are now in force, shutdown orders are governed by this updated framework.
- An internet shutdown refers to the intentional disruption of internet or electronic communication services, rendering them inaccessible or effectively unusable for a specific population or location.
- Internet shutdowns are presently governed by: Section 20(2) of the Telecommunications Act, 2023, and Telecommunications (Temporary Suspension of Services) Rules, 2024.
- The Indian Telegraph Act, 1885 and the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 have been replaced by the new legal framework.
- Under Section 20(2), telecommunication services may be suspended only during a public emergency or in the interest of public safety, subject to the conditions prescribed under the Rules.
- The 2024 Rules require that a suspension order:
- be issued by the competent authority,
- be reasoned in writing,
- specify the geographical area and duration,
- be reviewed by the designated Review Committee,
- and consider whether less restrictive alternatives would suffice.
- Under the 2024 Rules, a suspension order cannot remain in force for more than 15 days.
- In Anuradha Bhasin v. Union of India (2020), the Supreme Court held that:
- Indefinite internet shutdowns are impermissible,
- shutdown orders must satisfy the tests of legality, necessity and proportionality,
- The Supreme Court further observed that freedom of speech and expression through the internet is protected under Article 19(1)(a), while restrictions must satisfy Article 19(2) of the Constitution.
2. First Oral PCSK9 Inhibitor – Lipfendra (Enlicitide)
- Lipfendra (enlicitide) is the first FDA-approved oral PCSK9 inhibitor; previously, all approved PCSK9 inhibitors were injectable.
- It is indicated for adults with hypercholesterolemia, including heterozygous familial hypercholesterolemia (HeFH), as an adjunct to diet and exercise.
- PCSK9 (Proprotein Convertase Subtilisin/Kexin Type 9) is a protein produced mainly by the liver that binds to LDL receptors and promotes their degradation. Inhibiting PCSK9 increases the number of LDL receptors on liver cells, thereby enhancing clearance of LDL cholesterol from blood.
- LDL (Low-Density Lipoprotein) transports cholesterol from the liver to peripheral tissues. Excess LDL deposits cholesterol in arterial walls, promoting atherosclerosis, and is therefore called “bad cholesterol.”
- HDL (High-Density Lipoprotein) carries excess cholesterol from peripheral tissues back to the liver for disposal (reverse cholesterol transport) and is commonly termed “good cholesterol.”
- Familial Hypercholesterolemia (FH) is an autosomal dominant genetic disorder characterised by markedly elevated LDL cholesterol and an increased risk of premature cardiovascular disease. HeFH results from inheritance of one defective allele.
- Elevated LDL cholesterol is a major modifiable risk factor for atherosclerotic cardiovascular disease (ASCVD), including coronary artery disease, myocardial infarction and ischemic stroke.
3. Places in News: Around Bab-el-Mandeb
- Bab-el-Mandeb Strait is a strategic chokepoint connecting the Red Sea with the Gulf of Aden, and ultimately the Arabian Sea.
- It separates Yemen (Asia) from Djibouti and Eritrea (Africa).
- The strait is divided by Perim (Mayyun) Island into Eastern (Bab Iskender) and Western (Dact-el-Mayun)
- Djibouti hosts military bases of several countries, including the US, France, China and Japan, owing to its strategic location.
- Hanish Islands lie in the southern Red Sea between Yemen and Eritrea.
- Socotra Island (Yemen), located east of the Gulf of Aden, is a UNESCO World Heritage Site known for its high endemism.
- Port of Aden (Yemen) and Port of Djibouti are major ports located near the Bab-el-Mandeb shipping route.