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A few thoughts on the way forward

A few thoughts on the way forward. Julia Nielson, OECD WTO Seminar on Domestic Regulation Geneva, 28-29 March 2004. Key questions. What are the problems, if any? What might be the role of trade rules in addressing those problems? Answering these questions requires input from at least

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A few thoughts on the way forward

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  1. A few thoughts on the way forward Julia Nielson, OECD WTO Seminar on Domestic Regulation Geneva, 28-29 March 2004

  2. Key questions • What are the problems, if any? • What might be the role of trade rules in addressing those problems? • Answering these questions requires input from at least • Trade negotiators • Regulators • Service suppliers/ the professions

  3. Threshold issues • Getting together • Time, resource intensive – what is the incentive? • Relevance and/or impact • National or international level? • But not simply a question of getting together • Do we understand each other? • Terminology • Bottom line: won’t get anywhere without mutual trust and cooperation

  4. What are the problems? • What are the sorts of problems that possible disciplines under Article VI.4 might be trying to solve? • Appear to be issues • Transparency • Burdensome regulation • Recognition of qualifications • Need to keep asking this question as we go along • Need the input of service suppliers and regulators • Solutions in search of problems • Abstract discussions

  5. What might be the role of trade rules in addressing the problems? • Not all issues can necessarily be solved via trade rules, or under the WTO • 3 main questions: • How can trade rules encourage good regulatory practices? • And work with domestic economic reform efforts • How can trade rules address possible cases where regulation is used for protection? • And balance this with the right to regulate • How can trade rules help to encourage regulation that supports liberalization? • Effective liberalization can require (re)regulation

  6. Factors to considering in the role of trade rules • Trade rules are a continuum • Binding obligations, best endeavours, guidelines/ recommendations, encouragement, nothing. • Principles vs. prescription • Need for flexibility and capacity to change • Resources and capacity to implement • Choice of solutions needs to be mindful of what can actually be implemented

  7. Your views • What other factors are relevant to consideration of the role of trade rules? • What has been the experience of participants in discussing these issues? • What are your key impressions, or the messages you take way, from the views you have heard over the past 2 days?

  8. Thank you

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