Abstract

This paper analyzes the process, methodology, and underlying trends of the Doha Round Negotiations under the World Trade Organization. It argues that the Doha Round is producing derogation, constructed advantage, and asymmetry caused by the underlying erroneous trends and methodology. It claims that if the Doha Round is concluded to the satisfaction of what it has been able to produce until, the end results will weaken the multilateral trading system. The logic of the “welfare-frontier-grundnorm” provides reasoning to the argument and claim. First, derogation from the existing rules, and the idea of liberal and fair trade (free trade) undermines the foundational logic of the WTO. Second, legitimization of the idea of constructed advantage makes free trade the scapegoat of protectionism in the form of a managed trade. Third, by mainstreaming the disharmonious and asymmetric rules, perhaps the Doha Round will result in widespread skepticism denting the credibility of the multilateral trading system. Solutions to the problems of derogation, constructed advantage, and asymmetry are explored with the theoretical and methodological frameworks of the “welfare-frontier-grundnorm.”

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