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Mequanint Birhan
Lecturer and Researcher @Mizan Tepi University, Ethiopia, BSc in Mechanical Engineering, MSc
in Industrial Engineering and MBA in Business Administration. Email:mequanint@mtu.edu.et
World Trade Organization (WTO) was established with the main objective of liberalizing multilateral
trade, based on the belief that the liberalization of trade brings multiple of benefits to the world population.
To this end, the preamble to the Agreement Establishing the WTO (Marrakesh Agreement), provides that
“[t]he Parties to this Agreement, recognizing that their relations in the field of trade and economic
[endeavor] should be conducted with a view to raising standards of living, ensuring full employment and
a large and steadily growing volume of real income and effective demand.” Countries also join it on the
belief that a liberal trade regime will confer these benefits upon those who become members.
The guidelines of accession process under Article XII of the Marrakesh Agreement are vague and making
the accession process demanding and time consuming. It is also contended that the absence of clear
guidelines of accession to the WTO has been allowing current Member states to impose “WTO+”
obligations on acceding countries, which is more burdensome especially on least developing countries.
Their application for membership was motivated by a desire to ensure predictable market access and
become eligible for the special concessions available to LDCs under WTO rules. Moreover, the countries
hoped to use accession to the WTO as an incentive for accelerating domestic economic, legal and
institutional reforms to create a stable business environment and attract foreign direct investment.
However, an analysis of their terms of accession confirms the general trend of exacting significant
“WTO+” concessions by the developed members from acceding countries although they were agreed to
facilitate and accelerate negotiations with acceding LDCs at the 2001 Launch of the Doha Round of trade
negotiation.
1. Any state or separate customs territory possessing full autonomy in its conduct of its external
commercial relations and of the other matters provided for in this Agreement and the Multilateral
2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference
shall approve the agreement on the terms of accession by two-thirds majority of the Members of
the WTO;
Besides, WTO members are committed themselves in paragraph 42 of the Doha Ministerial Declaration
(2001) to “facilitate and accelerate” the accession process of LDCs. Accordingly, it is believed that this
has led to specific guidelines for the accession of LDCs, which were approved by the General Council
Decision in 2002.
In the third phase of the accession process, an intensive multilateral and bilateral negotiation on the terms
of accession goes on. The multilateral negotiations focus on the compliance with the WTO rules and
disciplines while in bilateral negotiations each member of working party negotiates with the acceding
country on the specific market access commitments. The result of the negotiations is “the accession
package” consisting of the Report of Working Party, the goods and services schedules, and the accession
protocol.
The final phase of accession process involves “the decision”. Once the final package, consisting of the
report, protocol and lists of commitments is presented to the WTO General Council or the Ministerial
Conference and if a two-thirds majority of WTO members vote in favour, the applicant is free to sign the
protocol and to accede to the organization. In most cases, the country’s own parliament or legislature has
to ratify the agreement before membership is complete.
Throughout this process, the burden is on the applicant to satisfy the demands of existing WTO members.
Due to this apparently one-sided procedure, the following perceptions in relation to the accession process
are resulted: that the WTO accession process is very costly and complex; that the WTO accession process
is taking longer and longer time to complete; the price of joining the WTO now includes commitments
that go beyond the Uruguay Round agreements; that the price of joining the WTO is steadily rising; and
that the WTO accession process takes little account of the specific circumstances of applicant countries
or their needs for special and differential treatment. The basic reason for the emergence of these
perceptions is that the terms, rather than the procedures, of WTO accession are not well defined in legal
terms.
During preparing the complex and detailed Memoranda on the Foreign Trade Regime (MFTR),
responding to Members’ multitude of questions, submitting their goods and services proposals and
conducting the lengthy bilateral negotiations both countries faced serious capacity constraints.
In both cases, given the two countries’ weak human and institutional capacities as well as limited technical
know-how and financial resources, the negotiation process come to be demanding and time consuming.
Besides, lacking detailed studies and scientific or objective position papers on relevant topics, negotiations
Even if WTO Members had agreed to “exercise restraint in seeking concessions and commitments on
trade in goods and services from acceding LDCs” in practice both Cambodia and Nepal were asked to
make concessions that not only exceed beyond their capacities and stage of development but also beyond
WTO requirements.
Nepal bound its tariff rates at 42% for agricultural products and 24% for industrial goods while Cambodia
maintained only 28.1% for agricultural products and 17.7% for nonagricultural goods. The two countries
have some of the lowest average bound rates among the LDCs at 26% and 19% respectively; while
Bangladesh, also LDC WTO founding member, has the highest at 163.6%. Likewise, Cambodia’s
maximum duty of 60% is one of the lowest among the LDCs. In contrast, most developed countries such
as the EU (264%), U.S.A (350%) and Japan (958%) have reserved the right to apply high tariffs on some
Even though the WTO members agreed “to facilitate and accelerate negotiations with acceding LDCs”
at the 2001 Launch of the Doha Round of trade negotiations, the accession process of Nepal and Cambodia
was not much shorter than that of other countries mainly because of capacity constraints and lengthy
process in proceeding with the negotiations. In the case of Cambodia, the accession process (from
application to full membership) lasted about 10 years while Nepal’s negotiations (from re-application)
took a little over eight years. In comparison, negotiations of other recently acceded countries took between
seven and 15 years. Cape Verde, which until 2007 was also classified as an LDC, required eight years to
join the WTO.
Yet, due to the lack of a formal, institutionalized mechanism for involvement, even in the case of Nepal,
the majority of stakeholders felt that they were left out from the accession process.
5.1. Accession Commitments of Cambodia and Nepal
In what follows, some instances of commitments that could be described as overly extensive will be
provided. The aim of the analysis is to examine whether LDCs are accorded special and differential
treatment in practice as promised in different agreements of WTO.
5.2. Accession Implementation of Cambodia and Nepal
In the course of accession to the WTO, the two countries undertook to implement ambitious legislative
reform plans. For instance, Cambodia dedicated to pass no less than 47 laws and regulations by 2007
while Nepal was to enact 10 new laws and regulations and amend 25 existing laws and regulations.
However, both countries could not perform these plans at the scheduled time. Cambodia had adopted just
only 24 of the 47 laws and regulations while Nepal had enacted three of the 10 new laws and adopted
eight of the 25 amendments by the end of 2007. Particularly, while Nepal lacks proper regulatory
mechanisms in most of the services sector so far, none of GATS-related regulations have been adopted in
Cambodia.
Several factors are believed to cause the delays. Following the accession, in both countries, the impetus
to implement WTO-related reforms decreased quickly partly because of outside pressure for reform
declined significantly, since there is no an international monitoring mechanism and consequences for not
fulfilling accession commitments. The legislation to implement WTO commitments represents only part
of the Cambodia’s broader legal reform process.
One of the reasons that delayed the accession process of China for 15 years is China’s resistance to meet
the demands of the western countries on financial liberalization. In the same token, one of the major tho
rny issues that are delaying the accession process of Russian Federation to WTO is its failure to meet the
demands of the United States on financial sector liberalization.16.
Furthermore, strength and capacity of the country determines its gains from the bilateral and multilateral
negotiations during the accession process. For instance, China has forcefully held that the opening of do
mestic markets, especially in the financial sector by developing countries, should be a gradual process to
which the developed countries forced to accept China’s negotiation position.17 The United States, the E
U, and other advanced developed WTO members have argued that Russia needs an efficient financial se
rvices industry to promote economic growth and development
1. ዶ/ር አቡሽ አያሌዉ፣ ኢትዮጵያ ወደ ዓለም ንግድ ድርጅት አባልነት ኢትዮጲስ መጽሔት 1ኛ ዓመት ቁጥር 005፣ጥቅምት
11፣2011
2. Http://www.abyssinialaw.com. Making the WTO Accession Work for Ethiopia: Lessons from
Cambodia and Nepal
3. Semahagn Gashu, Ethiopia’s accession to world trade organization and the implications ti its
financial sector policies, August 2011
4. How to optimize the advantages of accession to the world trade organization and measure to be
taken to meet possible challenges
5. Berihu Assefa & Andualem Tilaye What shapes Ethiopian foreign economic policy? The case of
Ethiopia accession to WTO December 2014
6. University of oslo faculty of law:The impact of Ethiopian accession to the WTO on its financial
service sector, semptember 2014