We hear much of the WTO Members who are pushing the MPIA, and much also of US opposition, but less about the views of many other Members, such as India, South Africa and ACP countries, who have not signed on. So it was with some curiosity that I attended a Webinar organized by the Sridath Rampal Centre at the University of the West Indies, which sought to explore views in these Members (https://shridathramphalcentre.com/webinar-series-exploring-the-multiparty-interim-appeal-arbitration-agreement-mpia/).
What came across clearly is skepticism, and in the case of South Africa, outright hostility, to the MPIA. What is somewhat less clear to me is why. The primary point raised was concern about the plurilateral nature of the MPIA, mirroring these countries’ preoccupations about a two-speed WTO and efforts to negotiate in new areas, such as investment facilitation and e-commerce, without consensus support. More generally, there was concern that the MPIA failed to address or resolve developing Member issues in the WTO.
Still, the Webinar did not fully resolve my questions. US motivations are transparent – MPIA stands in for, and to a great extent mirrors, an Appellate Body process that the US deems profoundly flawed, and seeks to reform (or abolish). Yet I did not hear such criticisms from others in the Webinar. Is theirs a principled opposition to plurilateralism? A tactical position by Members who want a broader renegotiation of WTO rights and obligations in favor of developing countries? Or an unspoken willingness to move towards a less binding WTO dispute settlement system? I remain unsure.
Perhaps we will hear reports from the next DSB meeting, which has the MPIA on the agenda, but in the meanwhile I would welcome hearing views from readers in these countries.
