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Mitchell, Arthur "Implementing WTO rules: The Importance of Law Reform" [2004] ADBLPRes 2 (25 February 2004)

Implementing WTO rules: The Importance of Law Reform

Arthur M. Mitchell
General Counsel
Asian Development Bank

APEC Workshop on Best Practices in WTO Capacity Building

Santiago, Chile
February 25-26, 2004

Mr. Chairman, Ladies and Gentlemen,

Thank you for the opportunity to share with you some of our ideas concerning how to effectively implement WTO rules in the context of a new member state or a developing country. As you will see from my remarks, law reform is of paramount importance. However, before I turn to the substantive issues, let me give you a little background on the experience of ADB.

  1. Background

  2. Objectives

  3. A new member of WTO faces three tasks in incorporating WTO commitments and rules into its administrative and legal systems:

    Item (i) involves commitments that have resulted from intense negotiations. Items (ii) and (iii) are the areas more suitable for ADB’s assistance.

  4. Substantive Law Reform

  5. Institutional Reform

  6. Enforcement by the Courts

  7. Conclusions: Lessons Learned
  8. Based on the experience in assisting China in complying with WTO rules and our observation, in the following areas ADB’s DMCs need capacity strengthening:

Thank you.

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