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The Temptation of Looking Outside: Why Plurilateralism “Outside” but “Parallel” to the WTO is not a Sustainable Substitute

  • Chang-fa Lo

摘要

This chapter examines why plurilateralism “outside” but “parallel” to the WTO is not a sustainable substitute for multilateral governance, analyzing the drivers of frustration, internal resistance and long-term systemic costs. Persistent deadlocks on stalled multilateral agendas, urgent pandemic needs and unadopted JSIs have generated growing frustration, prompting subsets of interested Members to pursue alternative negotiating configurations. Consequently, an atmosphere has implicitly developed where the option of implementing negotiated outcomes outside the formal WTO structure has occasionally surfaced in informal and hypothetical exchanges. However, the chapter demonstrates that external plurilateral experiments introduce severe institutional, legal, operational and political constraints. Externalization merely postpones the consensus constraint to a later stage while facing significant uncertainties regarding legal characterization, systemic compatibility and MFN obligations. Furthermore, external arrangements experience an absence of institutional embedding and a risk of normative fragmentation. Operationally, their long-term viability remains uncertain because they lack system-wide institutional anchoring, relying heavily on voluntary political alignment and ongoing diplomatic coordination. Ultimately, the chapter warns that external implementation threatens the Organization with incremental marginalization and erodes its accumulated authority as the principal rulemaking forum. It does not resolve underlying structural constraints. Instead, the long-term stability and normative coherence of the global trading system continue to depend on a functioning multilateral framework whose institutional mechanisms underpin trust, predictability and the integrity of collective rulemaking.