Joint Statement Initiatives: A Legitimate End to ‘Until Everything is Agreed'?

ABSTRACT

At World Trade Organization (WTO), nothing is agreed until everything is agreed and until everyone agrees at the negotiating tables, and that ‘magic' moment has been difficult to arrive at. Some WTO Members have argued that if all Members cannot move ahead together with the acceptance of new rules, the Members who are able and willing to move ahead should be provided with the required space to do so. Some Members have indeed chosen to push ahead as they have recently sought progress in negotiations through the Joint Statement Initiatives (JSIs). The JSI proponents claim that JSIs can contribute to building a more responsive and relevant WTO – which will be critical to restoring global trade and economic growth in the wake of the COVID-19 crisis. Others have staunchly opposed such plurilateral attempts at trade liberalization on various grounds, often labelling them as attempts to circumvent the WTO's core tenets of multilateralism. The article contributes to this debate, as the authors assess different routes through which JSIs can be added to the WTO acquis and the WTO-compatibility of each of these routes. It then assesses the possible detrimental impact that JSIs can have on the essence and fabric of the multilateral trading system (MTS). © 2023 Kluwer Law International BV, The Netherlands.