Czech Yearbook Vol. 4 2013

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THE STATE OF PLAY AND FUTURE OF SERVICES NEGOTIATIONS IN THE WTO
conditional offers were submitted to the WTO. Through the so-called Signalling
Conference, in which many of the most important Members took part, Members
were to provide information on their own improved commitments and their
expectations to reflect ‘real progress’.56 The Signalling Conference appears to
have led to a reiteration of intentions to improve on offers and lock in existing
liberalisation; however, these intentions were not always confirmed in the
plurilateral request-offer groups, and most Members felt no significant progress
was made between 2008 and 2011.57 Considering that there have not been any
more formal sessions of the Special Session of the Council for Trade in Services
except for one on LDCs, see infra, there are no indications that this has changed.
Moreover, at the end of 2012, the chairman of the Special Session of the Council
for Trade in Services, the body that oversees the services negotiations, stated that
there has been ‘very limited movement’ in 2012 on market access issues and that
there are, again, no signs of any change in this regard.58
Even though there is even disagreement on the current state of play, Members
do agree that a lot of work needs to be done before conclusion is possible.
Moreover, there is no consensus on how to proceed in tuning the requests and the
offers.59 Some groups of Members submitted collective requests, attempting some
plurilateral request-offer negotiations in accordance with Annex C of the Hong
Kong Declaration.60 Several informal Friends groups were formed by Members
committed to liberalising certain sectors or modes of supply, such as audio-
visual services, computer-related services, construction services, energy services,
environmental services, express delivery services, financial services, legal services,
logistical services, maritime services, Mode 3, Mode 4, and telecommunication
services.61 The Friends bundle interests in an attempt to advance negotiations and
negotiate on technical issues and even formulate formal negotiating proposals.
However, their workings remain confidential.
4. The ‘third track’: electronic commerce and modalities for LDCs
Aside from the two main services negotiation tracks, two issues under negotiation
are addressed outside the two-track approach. First, electronic commerce has been
56 JOB(08)/93, Services Signalling Conference (Report by the Chairman of the Trade Negotiations
Committee 30 July 2008) 1.
57 TN/S/35, Negotiations on Trade in Services (Report by the Chairman of the Council for Trade in
Services 22 March 2010) 4 & 6;TN/S/36, Negotiations on Trade in Services (Report by the Chairman
of the Council for Trade in Services 21 April 2011) 5.
58 Fernando de Mateo, ‘7 December 2012, Trade Negotiations Committee: Formal Meeting’ (2012)
< accessed 15 May 2013.
59 TN/S/36, Negotiations on Trade in Services (Report by the Chairman of the Council for Trade in
Services 21 April 2011) 4.
60 WT/MIN(05)/DEC, Ministerial Declaration (Doha Work Programme) (Adopted 18 December 2005) 7.
61 Jara and Domínguez 122 For example, there are the Friends of Environmental Goods, Friends of Fish,
Telecom Friends, Friends of Financial Services or Very Close Friends of Services.