Kei and iqsensato panel Proposal for a wto agreement on the Supply of Knowledge as a Public Good

This questions shifts the balance and burden

• This questions shifts the balance and burden
• Surgical splicing of the legal texts is unnecessary, all legal texts and covered agreements are read in their respective contexts
• BUT……
• To assert that such a context i.e. for delivering on public goods and services , does NOT EXIST AT ALL OR CANNOT BE GLIMPSED from various provisions, would be glossing over the legal texts

Back to the drawing board; a legal perspective ?

• Back to the drawing board; a legal perspective ?
• Does WTO have the mandate to deliver ? A look at various WTO legal instruments has some answers
• Such a mandate could be “found”( as distinguished from “gap-filling” or cobbling together something that does not exist currently)

The Parties to this Agreement,

• The 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, ….and expanding the production of and trade in goods and services, ……
• Recognizing …. need for….. efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development
• ….by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade ……..

Recognizing that their relations in the field of trade ….. should be conducted with a view to raising standards of living, ensuring full employment….. (similar to Marrakesh Agreement)

• Recognizing that their relations in the field of trade ….. should be conducted with a view to raising standards of living, ensuring full employment….. (similar to Marrakesh Agreement)
• Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international commerce….