Unclogging WTO Decision-Making with the Provisions on Amendments in Article X of the WTO Agreement

Abstract

The provisions on decision-making in the Marrakesh Agreement Establishing the World Trade Organisation (WTO Agreement) are of fundamental importance in any discussion on democracy in the WTO. Articles IX and X of the WTO Agreement provide for some of the most important decision-making procedures in the WTO. Of particular importance in this regard is the single undertaking principle established in Article II:2 of the WTO Agreement. Under the single undertaking principle all multilateral agreements are binding on all WTO members. This has a significant implication for the democratic legitimacy of decision-making in the WTO because once a decision or agreement is multilateral in nature it is binding on all WTO members. While having the important advantage of bringing rules under the rubric of multilateralism, the single undertaking principle can become overly unwieldy, hence resulting in an impasse-prone decision- making system. This article discusses the single undertaking requirement and decision-making in the WTO and explores the use of paragraphs 1 and 3 of Article X of the WTO Agreement in the adoption of the Trade Facilitation Agreement. It also discusses the special and differential treatment provisions made available to developing and least developed countries based on each country's specific needs.