A few thoughts on the way forward Julia Nielson, OECD WTO Seminar on Domestic Regulation Geneva, March 2004

Key questions What are the problems, if any? What might be the role of trade rules in addressing those problems? Answering these questions requires input from at least Trade negotiators Regulators Service suppliers/ the professions

Threshold issues Getting together Time, resource intensive – what is the incentive? Relevance and/or impact National or international level? But not simply a question of getting together Do we understand each other? Terminology Bottom line: wont get anywhere without mutual trust and cooperation

What are the problems? What are the sorts of problems that possible disciplines under Article VI.4 might be trying to solve? Appear to be issues Transparency Burdensome regulation Recognition of qualifications Need to keep asking this question as we go along Need the input of service suppliers and regulators Solutions in search of problems Abstract discussions

What might be the role of trade rules in addressing the problems? Not all issues can necessarily be solved via trade rules, or under the WTO 3 main questions: How can trade rules encourage good regulatory practices? And work with domestic economic reform efforts How can trade rules address possible cases where regulation is used for protection? And balance this with the right to regulate How can trade rules help to encourage regulation that supports liberalization? Effective liberalization can require (re)regulation

Factors to considering in the role of trade rules Trade rules are a continuum Binding obligations, best endeavours, guidelines/ recommendations, encouragement, nothing. Principles vs. prescription Need for flexibility and capacity to change Resources and capacity to implement Choice of solutions needs to be mindful of what can actually be implemented

Your views What other factors are relevant to consideration of the role of trade rules? What has been the experience of participants in discussing these issues? What are your key impressions, or the messages you take way, from the views you have heard over the past 2 days?

Thank you