How Can the JSI on E-commerce Become Part of the WTO Framework ?

The Members of the World Trade Organization (WTO) appear to be at a stage where they are unable to reconcile their diverse interests to conclude any multilateral agreement. This has led a few like-minded Members to initiate negotiations in sub-groups called Joint Statement Initiatives (JSIs). The JSI on E-commerce recently produced an Agreement on E-commerce, which presents a unique opportunity to provide a first-of-its kind multilateral framework for digital trade. However, it remains uncertain how their outcomes can be integrated into the broader WTO framework. Recent experiences with the outcomes of other JSIs have shown no clear path forward. A small group of Members is likely to block the Agreement on E-commerce from attaining the status of a ‘plurilateral agreement’ under the WTO Agreement. This article focusses on the various alternatives available to the proponents of the JSI. While several options exist, each has their own drawbacks, making some less desirable than the others.