DG can perform depositary functions: WTO tells India
In response to India's questions on the legal basis by which the WTO director general is assigned the role of acting as the depositary of the Interim Arrangements for the Agreement on Electronic Commerce (ECA), the organisation said that serving as a depositary of the ECA would not conflict with the chief's role and responsibilities.
The World Trade Organization (WTO) has clarified that India's Director General (DG) has the discretion to perform depositary functions for treaties like the Interim Arrangements for the Agreement on Electronic Commerce (ECA), even though such authority is not explicitly stated in the WTO agreements. India had questioned the legal basis for the WTO DG to act as a depositary for the ECA, as the agreement only has 66 member countries and lacks the consensus required for inclusion in the WTO framework.
The WTO contends that the absence of a clear limitation in the WTO Agreement, considered alongside customary international law, allows the DG to take on depositary functions for other treaties without conflicting with their core role and responsibilities.
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