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TWN Info
Service on WTO and Trade Issues (Nov20/29) Geneva, 25 Nov (D. Ravi Kanth) – Attempts to confirm the appointment of Ms Ngozi Okonjo-Iweala, former finance minister of Nigeria, as the next WTO director-general appears to be strewn with hurdles on the procedural front as well as on the stand that the United States would adopt when it comes to a decision at the General Council, said people familiar with the DG selection process. In his recommendation on 28 October, the WTO’s General Council chair, Ambassador David Walker from New Zealand, informed members that Ms Ngozi Okonjo-Iweala is the most likely of the two (Ms Ngozi and the second candidate being Korea’s trade minister Ms Yoo Myung-hee) to attract consensus, on the following basis: * Dr Ngozi Okonjo-Iweala clearly carried the largest support by Members in the final round; and, * Dr Ngozi clearly enjoyed broad support from Members from all levels of development and from all geographic regions and has done so throughout the process. However, the US had cast aspersions on the selection process conducted by Ambassador Walker and stated unequivocally that it will support only Ms Yoo as the WTO DG (see SUNS #9222 dated 30 October 2020). Ambassador Walker had scheduled a General Council meeting on 9 November for adopting a decision based on his recommendation, but the meeting was deferred due to the ravaging COVID-19 pandemic and also probably, due to the ongoing US elections at the time, said a person, who asked not to be quoted. Consequently, even if Ms Yoo withdraws from the race, there are still several imponderables, the person said. According to a legal analyst, who asked not to be quoted, members have to first decide on the procedures to be adopted, at least on an ad hoc basis, for taking a decision virtually at a General Council meeting, as physical meetings cannot be held at the WTO due to the COVID-19 restrictions imposed by the Swiss government. The current rules of procedure for the conduct of business by the General Council (GC), particularly Rule 16, which says that “a simple majority of the members shall constitute a quorum”, require decisions to be taken physically by members at a GC meeting. If these procedures have to be adopted for decisions to be taken on a virtual mode, all members need to agree first on the new procedures, the analyst said. So, in the coming days, the GC chair has to issue a set of new procedures and how they will be implemented for taking a decision at the General Council, the analyst said, suggesting that the GC chair will have to specify whether the changes are meant only for a particular targeted decision or on a permanent basis. On a more substantive front, the adoption of any decision either physically or on the virtual platform will solely depend on the outgoing US Trade Representative’s office, as it had already opposed the recommendation to appoint Ms Okonjo-Iweala as the new DG, said another person familiar with the selection process. With the new Biden administration expected to take the reigns at the White House on 21 January, it is unclear whether the GC chair will press for a decision before that day, the person said, suggesting metaphorically that “a dying horse’s last kicks may be dangerous but the point is they don’t go on for very long and they get weaker before the animal finally succumbs.” Ms Ngozi, who is currently with her children in Washington DC, would have been made aware of the pros and cons of the confirmation process, the person said.
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