In 1994, the Marrakech Agreement established the World Trade Organization (WTO), one of many suprastate institutions that were created all along the 20th century. The purpose of this organization is to regulate all trade activities between its Member states, by providing "the common institutional framework for the conduct of trade relations" and the legal instruments that adjust to their needs. The activities led by the WTO have shaped it into a one-of-a-kind international structure that has been adapting itself to global political and economical shifts since it was created. Because Member states of the WTO have been negotiating and discussing about many important issues, there has been a "substantial growth in both the range and the authority of global trade law" . What followed was an awakening of considerable interest in its activities, especially from civil society and groups that represent it. Amongst these, the Non-Governmental Organizations (NGOs) have been one of the most important nonstate actor that has sought "direct contact with the WTO, bypassing government authorities in order to interrogate and lobby the multilateral institution" itself. However, in an international organization in which only states participate in its activities and make decisions, is there any space for NGOs to represent civil society? And if there is, which is their main role and how should Members states of the WTO work with them in order to pursue common interests?
[...] Ibid. Ibid. Ibid. Ibid. Ibid. Op. Cit. SCHOLTE, Jan Aart; O'BRIEN, Robert; WILLIAMS, Marc. P. Abstract. Relations with Non-Governmental Organizations/Civil Society. In: http://www.wto.org. Ibid. [...]
[...] Warwick, UK: Centre for the Study of Globalisation and Regionalisation P. WILSON, Jessica. does the WTO need Civil Society?”. In: http://www.ictsd.org/dlogue/1999-02-10/WILSON.pdf P Legal Texts and Agreements Marrakech Agreement. Agreement Establishing the World Trade Organization. Decision WT/L/162. Guidelines for arrangements on relations with Non- Governmental Organizations July Web Pages Official Web Site of the World Trade Organization: http://www.wto.org. Dossiers sur L'OMC. Une grande absente: la Société Civile. In: http://www.ladocumentationfrancaise.fr/dossiers/omc/soccivile.shtml. Agreement Establishing the World Trade Organization (Marrakesh Agreement). Article II:1. SCHOLTE, Jan Aart; O'BRIEN, Robert; WILLIAMS, Marc. [...]
[...] It is a broadly held view that these two actors should have relations with each other, as to balance the decisions states make in order to include the real interests and needs of its population. However, “there is far less clarity, let alone agreement, on how these relations should be conducted”[34]. Since 1996, the WTO has opened a wider space of participation for NGOs as representatives of civil society. They now have more access to information about the activities of the World Trade Organization, as well as restricted participation in Ministerial Conferences, symposia, and informal meetings. [...]
[...] It states firmly that would not be possible for NGOs to be directly involved in the work of the WTO or its meetings”[11]. This Article is crucial for analyzing the participation of the civil society, represented by NGOs, inside the World Trade Organization. It will be evoked later in this essay. In conclusion, Decision WT/L/162 achieved something that the Article V:2 of the Marrakech Agreement did not: it clarified the way NGOs would participate in WTO activities. Article IV clearly states the development of the relation between WTO and NGOs. [...]
[...] In fact, in their Newsletter Nº285, published in November 1999, they state that absence of consultation of the civil society participates in the opacity of WTO mechanisms”[15]. NGOs have proved once and many times over their expertise, competence, knowledge of specific issues. Other international institutions have established partnerships and cooperation with NGOs, organizations known to defend Human Rights at all times. With this stated, is unthinkable that the WTO doesn't give civil society a place of its own, even if it's only a consultative job”[16]. [...]
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