Open the door to more of the same? The development of interest group representation at the WTO (original) (raw)

Interest Group Influence on WTO Dispute Behaviour: A Test of State Commitment

This study examines the influence of interest groups on a state's willingness to pursue their most favourable decision during a WTO dispute. States are committed to their WTO agreements, but they also have to act as a watchdog for their domestic industries in states that may not hold WTO agreements in high esteem. Interest group influence on the state has been examined through case studies, but never at the systemic level. I hypothesize that states being pressured by many interest groups are more likely to pursue a dispute into the higher levels of dispute resolution. I test this using data from the WTO as well as interests groups from around the world. I find that complainant states are more likely to be pressured by their interest groups to pursue a favourable outcome rather than settle or accept an earlier decision.

Interest Groups at Transnational Conferences: Goals, Strategies, Interactions, and Influence

Global Governance

Interest groups partake in transnational negotiation conferences at mass. This is surprising given that the chances for influencing policymaking at these venues appear to be slim while the costs of participation are high. This amount to an interesting question: why do so many interest groups attend transnational conferences? This paper aims to answer this question by offering the first systematic study of the activities of interest groups at transnational conferences. It analyzes the goals, strategies, interactions, and influence of various types of interest groups at two transnational conferences, namely the WTO Ministerial Conference (2011) and the UNFCCC Conference of the Parties (2012). The data was collected by conducting 349 interviews with interest group representatives and 129 interviews with government delegates who participated in these conferences.

Making a Faustian Bargain Work: What Special Interests Can Tell Us about Representation in the WTO

In most functioning democracies, special interests are an intrinsic part of the democratic process: they provide information about how particular industries are affected by legislation, translate technical knowledge to policy makers, and assist them in formulating policy objectives. Special interest groups can also derail the process by inducing public officials to cater exclusively to them, and to ignore other compelling interests of the voting public. International agreements are not immune from this type of influence. As the negotiations leading up to the agreement on Trade Related Aspects of Intellectual Property (TRIPS) at the General Agreement on Trade and Tariffs (GATT—now the WTO) show, interest groups can easily skew the negotiation process in their favor. Efforts to extend patent and copyright protections internationally were spearheaded by powerful industry groups from the U.S., Europe, and Japan, to the detriment of consumers from developed and developing countries, whose interests were equally neglected in the negotiation process. One way for the WTO to make the process of treaty negotiating more legitimate, that is, to make it more responsive to the interests of different groups who will be subject to the treaty, is not to close the door to special interests, but rather to open it wider. International nongovernmental organizations (INGOs), international institutions, professional associations and industry groups with competing interests can play a critical role during the negotiation of WTO policy. These third parties can serve three key functions: an information function , a monitoring function, and an accountability function. However, the only way interest groups can play such roles is if their rights of access are articulated and recognized by the WTO decision and dispute resolution bodies.

The Domestic and Global Origins of Transnational Advocacy: Explaining Lobbying Presence During WTO Ministerial Conferences

Comparative Political Studies, 2015

This article explains varying levels of transnational advocacy initiated by domestic organized interests. Theoretically, we integrate the constraining and enabling impact of the domestic context with factors related to global opportunity structures. We test our hypotheses with an original dataset consisting of all national organized interests that attended the Ministerial Conferences of the WTO in the period 1995-2011. Instead of viewing transnational advocacy as a reaction to a lack of domestic political attention and an attempt to compensate for domestic deprivation, our analyses actually show the opposite. Organized interests that originate from democracies and mostly wealthy countries, and that enjoy robust access to domestic resources, are much more responsive to shifts in the global policy agenda. More generally, our analysis of the factors that drive transnational advocacy show that it is not fruitful to juxtapose domestic and global explanations.

WTO Judicial Politics and EU Trade Policy: Business Associations as Vessels of Special Interest?

The British Journal of Politics & International Relations, 2015

This article focuses on the effects of the WTO's quasi-judicial system of dispute resolution on the politics of trade policy making in the European Union (EU). We argue that this institutional innovation had a systematic transformative effect on EU trade politics, creating pressures for institutional adaptation and changing the character of organized trade policy lobbying. On the one hand, the new environment of the WTO created pressures for the EU to implement significant institutional innovations to ease access for private parties and generate an influx of information to strengthen offensive market access actions. On the other hand, this reform directly affected firms' incentives to mobilize politically, creating incentives for specialized lobbying. The empirical analysis shows how these two processes ultimately led to a reorganization of trade policy lobbying in the EU and compelled European business associations to become increasingly receptive to the demands of special interests.

Under the Influence: Exposing undue corporate influence over policy making at the World Trade Organization

2006

Context: The Hong Kong WTO ministerial and beyond Section 1: Background to corporate influence in the WTO 1.1 Lobbying the trade superpowers 1.2 Who does the influencing? 1.3 The corporate trade agenda 1.4 The impacts of a pro-corporate WTO agenda Section 2: Undue corporate influence over WTO policy-making: evidence and impacts 2.1 Privileged corporate access to WTO policy-making 2.2 Undue corporate influence in WTO negotiations 2.3 Global networks of corporate influence 2.4 Corporate-funded think-tanks and front groups Section 3: Curbing undue corporate influence in the WTO 3.1 Recommendations Under the influence www.actionaid.org Executive summary Multinational companies have an undue influence over the making of global trade rules at the World Trade Organization (WTO). Big business lobbyists have privileged access to government policymakers and use it to push trade agreements that undermine the fight against poverty. This report highlights many examples of privileged corporate access to, and excessive influence over, the WTO policy-making process. It argues that governments must take urgent action to curb corporate influence in the WTO and put the rights of poor people before the profits of multinationals in the current round of global trade talks.

The Hidden World of WTO Governance

European Journal of International Law, 2009

In academic literature the WTO is largely viewed as synonymous with its novel system for the settlement of disputes. We seek to demonstrate in this article that there is more to the WTO than this, and to exemplify this claim by reference to two specifi c sites of non-judicial governance in the WTO. We suggest that these two WTO committees perform important functions which are largely hidden from view. In particular, we point to the role that they play in generating and disseminating information, and as facilitators of technical assistance and regulatory learning. We also suggest that these committees contribute to the emergence of interpretive communities which serve to elaborate upon the open-ended norms laid down in the relevant agreements. Having surveyed the activities of these two sites of non-judicial governance in the WTO, we then situate them in the context of three contemporary narratives of global governance (transgovernmental networks, global administrative law, and managerialism), and use these as a way of critically evaluating the developments we describe. It is our view that the material that we have uncovered in relation to these two examples is suffi ciently rich to justify further research in this domain.

Civil Society at the WTO: The Illusion of Inclusion

ILSA J. Int'l & Comp. L., 2000

In this brief essay, I want to link our panel's focus on civil society-and related issues of inclusion and participation-with the broader conference theme of international law and organizations as we enter the 21st century. In short, what can a focus on inclusion and participation tell us about the World Trade Organization (WTO) as it enters the new millennium? I believe that a focus on inclusion and participation suggests a three-part thesis about the WTO. First, the WTO is in a time of fundamental transition. Second, the strategies used to date to address this transition have been, at best, ineffectual, and at worst, counterproductive. Third, the transition issues reveal the limits of current WTO practices and strategies. Successful approaches to transition issues will require not only new political strategies, but also new understandings of the trade regime. I can do no more than outline this thesis here. To do so, I will explore a few simple sounding questions: "who," "what," and "where." "Who" is a question about constituents: who has a meaningful voice, and who is excluded from the trade system? "What" is a question about competence: what subject areas fall within the trade system? "Where" is a question about coherence: where does WTO law and doctrine fit within the larger international law universe? Each of these questions implicates civil society, and issues of inclusion and .participation. The "who" question focuses directly on Non-Governmental Organization (NGO) participation at the WTO. The "what" and "where" questions focus on issues that NGOs have pressed upon the WTO. As we will see, in each area, there are significant pressures for the WTO to be less closed or isolated, and more inclusive, open, or integrated. In each area there are moves towards these goals, but upon examination, it is not clear whether progress is real or illusory.

The Hidden World of WTO

In academic literature the WTO is largely viewed as synonymous with its novel system for the settlement of disputes. We seek to demonstrate in this article that there is more to the WTO than this, and to exemplify this claim by reference to two specifi c sites of non-judicial governance in the WTO. We suggest that these two WTO committees perform important functions which are largely hidden from view. In particular, we point to the role that they play in generating and disseminating information, and as facilitators of technical assistance and regulatory learning. We also suggest that these committees contribute to the emergence of interpretive communities which serve to elaborate upon the open-ended norms laid down in the relevant agreements. Having surveyed the activities of these two sites of non-judicial governance in the WTO, we then situate them in the context of three contemporary narratives of global governance (transgovernmental networks, global administrative law, and managerialism), and use these as a way of critically evaluating the developments we describe. It is our view that the material that we have uncovered in relation to these two examples is suffi ciently rich to justify further research in this domain. , and WTO Docs S/L/1 and S/C/M/1, at paras 6 -7. Although there has been a proposal to create at least one other sectoral committee, this remains the only one so far. 5 See WTO Docs S/L/16, S/CSC/M/1. 578 EJIL 20 (2009), 575-614