Box 5: Positive and negative list approaches in services negotiations

In the context of a positive list, a country X will decide autonomously which services sectors (or modes of supply) will be liberalized, and will put these decisions in writing in a schedule of commitments. The sectors (or modes of supply) that are not specified in this document will not be subject to any liberalization.

On the contrary, in the context of the negative list approach, all services sectors (or modes of supply) would automatically be subject to liberalization, unless specifically mentioned otherwise. The country X would then have to put in writing which limitations it wishes to preserve and to which sectors or sub-sectors[49] they shall apply.

Source: Author

MTNs at the WTO are complex negotiations over a long period of time covering a vast number of issues and involving more than 150 countries. Members can influence certain features of the MTNs through:

б agenda setting,

б issue linkage,

б coalition building, and

б the pattern of their participation in informal and formal meetings.

They therefore have to adopt a negotiating strategy and approach that best defend their interests. The next chapter of the module will provide an insight on some tools available for delegations in this regard. It is the capacity of a country to understand and use the rules of procedures, the availability of trained and experienced officials capable of translating a general interest in a negotiating proposal, and its capacity to mobilize other members on the issue by forming or joining a coalition which will allow effective participation in the MTNs.

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