Beyond the doha development round: crafting a 21st century legal and policy framework for the world trade organisation

Abstract

The World Trade Organisation (WTO), the principal institution governing global trade, is currently facing an existential crisis of relevance and legitimacy. The intractable failure of the Doha Development Round is evidence of this. This Doha Round has languished for over two decades without conclusion. On this background, this study argues that the Doha impasse should not be viewed in isolation, but rather as a clear manifestation of the WTO's deeper legal and institutional framework's fragmentation. An organisation designed for the geopolitical and economic realities of the 20th century is crumbling under the weight of problems plaguing the 21st century. The governance structure of the WTO is crippled by a rigid consensus model coupled with profound power asymmetries and its inability to adapt to a rapidly evolving global landscape. This study used a qualitative research methodology. It first conducted a critical autopsy of the Doha Round. It traced the trajectory of the Doha Round from the Cancun debacle to its formal abandonment in Nairobi. The study also demonstrates how institutional pathologies have been a barrier. These pathologies include the 'Green Room' diplomacy and the paralysis of the consensus principle. This study further diagnoses the mounting relevance crisis of the WTO by examining the WTO's ineffectiveness in addressing contemporary challenges. The current challenges overwhelming the WTO include the digital trade gap, the intersection of trade and climate change, the proliferation of preferential trade agreements and the shifting geopolitical power dynamics, as exemplified by the US-China rivalry. The analysis concluded that the negotiating function of the organisation is atrophied and its rulebook is obsolete. The crown jewel of the organisation, the Dispute Settlement System, has been rendered inoperative. In response, this study moves beyond providing a diagnosis. It provides a prescription for the WTO by crafting a proactive legal and policy framework. This framework aims to foster equitable multilateralism through four interconnected pillars. Restructuring the decision-making processes of the WTO to overcome nstitutional paralysis is the first pillar. The second pillar is enhancing institutional transparency and inclusivity to rebalance power in favour of developing countries. The third pillar is recalibrating the dispute settlement mechanism to restore the rule of law. The last pillar is the integration of 21st-century challenges into the WTO rulebook. This study concludes with a call for an urgent, transformative reform to salvage the WTO's credibility and, more importantly, to ensure its continued role as the central pillar of a stable, predictable and equitable global trading order.