CYIL vol. 9 (2018)

NINO PARSADANISHVILI CYIL 9 ȍ2018Ȏ yet further confirmation of the effectiveness and strength of the WTO in recognizing that global economic welfare linked to poverty eradication cannot be reached without the WTO. The fact that WTOmembers pay more attention to a services waiver for making international trade in services more flexible for least developed countries, 94 adds to the argument for the need for trade liberalization for the purposes of poverty eradication. “To encourage more cooperation and dialogue between countries of origin and countries of destination to increase the likelihood that migration has positive consequences for the development of both sending and receiving countries,” 95 reforms within the WTO/GATS system, for temporary movement of natural persons as service providers could be negotiated at least for the period of transition. India’s initiative regarding new Agreement for the Facilitation of Trade in Services is an interesting development but the lack of progress in services negotiations during the 2017 Buenos Aires MC clearly shows that the growing sensitivity around services sectors leaves very little chance for the new agreement to succeed. In our opinion, if WTO members could start thinking about looking at GATS (in which they are familiar) from a different angle this could be converted into a more rapid way of solution then in the case of negotiating an absolutely new agreement. Or if WTO members forcefully decide to initiate negotiations for a new agreement it is preferable for it to be Plurilateral rather then Multilateral. “The Plurilateral approach offers Members the possibility to revamp the WTO to their own benefit”. 96 A new Plurilateral agreement will make the possibility for members (considering their economic preferences) to freely join at any stage avoiding frightening mandatory format being that much associated withMultilateralism. A new Plurilateral Agreement has to focus on liberalized approaches to the temporary movement of service suppliers removing visa barriers or establishing simplified visa procedures for them to cross the borders, complementing the UN Copenhagen Declaration on Social Development stating that: “in both economic and social terms, the most productive policies and investments are those that empower people to maximize their capacities, resources and opportunities”. 97 Conclusion The recognition by the UN of the leading role of the WTO in ensuring global economic growth for meeting the needs of developing and LDCs’ shows only one side of reality. Whatever the growth promoting effects might be envisioned within theWTO the fact remains unchanged 94 Members Move to Enact Bali Decision on LDC Services Waiver, is available on < https://www.wto.org/english/ news_e/news15_e/serv_05feb15_e.htm> accessed 23 August 2018; Oonagh Sands TemporaryMovement of Labour Fuels GATS Debate , 1 June 2004, is available on accessed 24 February 2015; General Agreement on Trade in Services, Arts. I and XIII; MATSUSHITA, Mitsuo, SCHOENBAUM, Thomas J., MAVROIDIS, Petros C. TheWorld Trade Organization Law, Practice, and Policy (Oxford University Press 2008) p. 228-229; MATTOO, A., CARZANIGA, A. Moving People to Deliver Services (World Bank and Oxford University Press 2003) p. 21.; LESTER, S., MERCURIO, B. World Trade Law (Hart Publishing 2008) p. 604; GUZMAN, A.T., PAUWELYN, J.H. B. International Trade Law (Aspen Publishers 2009) p. 567. 95 Programme of Action adopted at the International Conference of Population and Development, Cairo, 5–13 September 1994, is available on < https://www.unfpa.org/sites/default/files/event-pdf/PoA_en.pdf>, p. 83, [accessed 15 June 2018]. 96 NATENS Bregt, WOUTERS, Jan, ‘The State of Play and Future of Services Negotiations in the WTO’ (2013) vol. 4, Czech Yearbook of Public and Private International Law , at p. 253. 97 UN,World Summit for Social Development ‘CopenhagenDeclaration on Social Development’, A/CONF.166/9, Para 7. 7.

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