CYIL 2013

THE STATE OF PLAY AND FUTURE OF SERVICES NEGOTIATIONS IN THE WTO conditional offers were submitted to the WTO. Through the so-called Signalling Conference, in which many of the most important Members took part, Members were to provide information on their own improved commitments and their expectations to reflect ‘real progress’. 56 The Signalling Conference appears to have led to a reiteration of intentions to improve on offers and lock in existing liberalisation; however, these intentions were not always confirmed in the plurilateral request-offer groups, and most Members felt no significant progress was made between 2008 and 2011. 57 Considering that there have not been any more formal sessions of the Special Session of the Council for Trade in Services except for one on LDCs, see infra , there are no indications that this has changed. Moreover, at the end of 2012, the chairman of the Special Session of the Council for Trade in Services, the body that oversees the services negotiations, stated that there has been ‘very limited movement’ in 2012 on market access issues and that there are, again, no signs of any change in this regard. 58 Even though there is even disagreement on the current state of play, Members do agree that a lot of work needs to be done before conclusion is possible. Moreover, there is no consensus on how to proceed in tuning the requests and the offers. 59 Some groups of Members submitted collective requests, attempting some plurilateral request-offer negotiations in accordance with Annex C of the Hong Kong Declaration. 60 Several informal Friends groups were formed by Members committed to liberalising certain sectors or modes of supply, such as audio visual services, computer-related services, construction services, energy services, environmental services, express delivery services, financial services, legal services, logistical services, maritime services, Mode 3, Mode 4, and telecommunication services. 61 The Friends bundle interests in an attempt to advance negotiations and negotiate on technical issues and even formulate formal negotiating proposals. However, their workings remain confidential. 4. The ‘third track’: electronic commerce and modalities for LDCs Aside from the two main services negotiation tracks, two issues under negotiation are addressed outside the two-track approach. First, electronic commerce has been 57 TN/S/35, Negotiations on Trade in Services (Report by the Chairman of the Council for Trade in Services 22 March 2010) 4 & 6;TN/S/36, Negotiations on Trade in Services (Report by the Chairman of the Council for Trade in Services 21 April 2011) 5. 58 Fernando de Mateo, ‘7 December 2012, Trade Negotiations Committee: Formal Meeting’ (2012) accessed 15 May 2013. 59 TN/S/36, Negotiations on Trade in Services (Report by the Chairman of the Council for Trade in Services 21 April 2011) 4. 60 WT/MIN(05)/DEC, Ministerial Declaration (Doha Work Programme) (Adopted 18 December 2005) 7. 61 Jara and Domínguez 122 For example, there are the Friends of Environmental Goods, Friends of Fish, Telecom Friends, Friends of Financial Services or Very Close Friends of Services. 56 JOB(08)/93, Services Signalling Conference (Report by the Chairman of the Trade Negotiations Committee 30 July 2008) 1.