The fourteenth Ministerial Conference of the World Trade Organization (WTO) was held in Yaounde (capital city of Cameroon) from 26 to 30 March 2026. At a minimum, any Ministerial Conference ought to end with a Joint Declaration, even if anodyne and boilerplate. The above conference, however, ended with no declaration at all. Worse, in a throwback to the Seattle WTO Ministerial Conference in 1999, some key trade Ministers departed and caught their flights back home even before the conference formally ended. The only thing to show for the four-day meeting was closing statements by the host Cameroonian Trade Minister and by the Director General of the WTO. In the WTO, more than other multilateral institutions, such statements have zero legal validity. In any case, both of them admitted no decisions could be arrived at by Ministers in Yaounde. The negotiating can has thus been kicked back by the Ministers to the trade negotiators in Geneva. This is disingenuous, since Geneva-based negotiators do not have the kind of plenipotentiary powers that Ministers possess. If Ministers could not resolve issues, it is scarcely possible that Geneva-based negotiators will deliver.
This is not the first time a WTO Ministerial Conference has failed in spectacular fashion. There was Seattle (1999) as pointed out earlier, but also a couple of others in Cancun (2003) and Buenos Aires (2017). But this one comes at a bad time for the WTO as an institution and for international trade, more broadly. With conflicts raging in Ukraine and Iran, the last thing the global economy needs is a crisis afflicting the multilateral trading system. But we live in dystopian times.
It may be worth recalling that the WTO has three basic functions: negotiating function, dispute settlement function and trade monitoring function. The problem is that all three departments of the WTO are now in serious crisis.
The WTO was supposed to be the most important negotiating forum for international trade. But since its establishment in 1995, it has basically come up with just two multilateral agreements i.e. one on trade facilitation and one on fisheries subsidies (albeit partial). Everyone agrees that the WTO must do two things: update existing rules in areas like Agriculture and come up with rules for new areas such as e-commerce or investment. The problem is that while some countries are more interested in the former, other countries are more focused on the latter. Crucially, decision-making in the WTO is on the basis of consensus which means each and every one of the 166 Members must agree on launching, conducting and concluding the negotiations. Up until the Doha Round of negotiations, the principle followed was known as “single undertaking” which meant that every Member had to agree with everything on the table. This had at least one advantage: every Member had something to gain from the negotiations. However, single undertaking has since been abandoned by the WTO, mainly because there is no agreement on launching a new “Round” after the dramatic failure to implement the Doha Round.
A large number of WTO Members are in favour of what is called plurilateral agreements, that is agreements among those who are willing and not necessarily among all WTO members. But a handful of countries led by India oppose this on technical and legal grounds. Areas where there have been plurilateral negotiations are, inter alia, electronic commerce and investment facilitation. India nevertheless opposed the move in Cameroon to include these kind of agreements in the WTO. Though India’s arguments are valid from a strictly legal point of view, it is a fact that a large number of countries from the global north and the global south are in favour of including such agreements within the WTO framework. This is particularly true of the Investment Facilitation for Development (IFD) Agreement, where the plurilateral outcome is supported by 129 WTO Members, which is over three quarters of the total WTO membership. These countries went ahead and issued a Joint Declaration at the end of the Ministerial Conference in Yaounde highlighting the unprecedented political support for the Investment Facilitation for Development (IFD) Agreement, expanded participation, and overwhelming backing for its incorporation into the WTO rulebook. Encouraged by the strong recognition of the Agreement’s development benefits, the 129 Members parties stated in Cameroon that they will continue to explore practical pathways for its effective implementation.
On the second function which is dispute settlement, it is well known that the US has been blocking for sometime the appointment of experts to the Appellate Body. This has rendered the famed dispute settlement mechanism of the WTO impotent. India, in its statement, raised this issue with concern. So did others. But nothing much may come out of it. With the US pursuing Section 301 cases against many of its trading partners, it has no conceivable incentive to enter into negotiations in this area.
One issue has been a constant in many WTO Ministerial meetings of the recent past. That is the question of whether or not a moratorium to impose customs duty on electronic transmissions should be extended for limited periods of time. Normally it has been extended for a period of two years or so. This time around, the US came up with a firm demand i.e. an indefinite and permanent extension of the said moratorium. The US tech companies obviously do not want governments to impose customs duties on things like e-books, streaming of music and movies. Developing countries like India wish to preserve this possibility, howsoever remote, as part of what is known as “policy space”. As a compromise, a four plus one year period of moratorium was agreed to in the WTO Ministerial Conference in Cameroon, only to be vehemently objected to by Brazil at the last minute unless negotiations in Agriculture (always a hot button issue in WTO and of interest to Brazil) was also agreed to by all WTO Members. This is the point at which the WTO Ministerial Conference collapsed in Cameroon. The official blame for the collapse of the Ministerial Conference has thus fallen on US and Brazil. India may have emerged unscathed for now in Cameroon, but the same issues can be expected to crop up again in Geneva.
The customs duty moratorium on electronic transmissions has always been linked to yet another issue: a moratorium on non-violation cases in TRIPS (Trade-Related Intellectual Property Rights) Agreement. This is a highly complex and technical issue. Simply put, it means that you can actually be taken to court even if you do not violate the TRIPS Agreement per se, but if your actions otherwise cause nullification or impairment of expected benefits to the other party. Because the customs duty moratorium on electronic transmissions has now expired, so has the moratorium on non-violation cases in TRIPS. The latter has the potential to present problems for India.
To conclude, it is perhaps time for India to answer some basic questions about WTO and its trade policy:
> Does India wish to resurrect the WTO and if so, is it willing to spend the requisite political capital to achieve it?
>What kind of WTO does India want eventually? If a truly multilateral institution is out of reach, can India settle for one which is plurilateral, but with some guardrails?
>The time has come for India to take a view on both the Electronic Commerce Agreement and the Investment Facitiation for Development Agreement. How long can India be seen as opposing the overwhelming will of the WTO membership?
>US (and indirectly EU and China) have served notice of their intention to move away from MFN (Most Favoured Nation) which has hitherto been the bedrock of the multilateral trading system. How should India react to and cope with this momentous development?
>The issue of Special & Differential Treatment has been called into question and is on the table for negotiations. How should India approach this important issue?
>India, depending on the answer to the questions above, must also start looking at mega trade agreements like CPTPP ( Comprehensive and Progressive Agreement for Trans-Pacific Partnership). This will complement the series of FTAs we have signed recently.
All in all, Indian trade policy is at a crossroads. It must conduct a comprehensive reassessment of its trade policy and make the necessary adjustments without delay.
Dr Mohan Kumar is a former Indian Ambassador to France and a former Indian negotiator to the GATT and WTO. Views are personal.