Antigua and Barbuda

Mostly Cloudy
79°F
High: 81°F
Low: 77°F
 

Why Did Antigua Win But End Up Losing

The WTO conflict Antigua St John's - With a novelist’s touch, Prime Minister Baldwin Spencer conveyed more errors than trials that defined his approach to the World Trade Organization (WTO) conflict over cross-border betting and gambling services.

The PM’s rhetoric stood for something much larger. He did not communicate a high regard for the dispute’s complexities.  Having neglected the many tributaries of the river, Spencer implied that the US hindered peaceful negotiations. He emphasized equity, setbacks, struggles, and economics instead of explaining why his actions turned spider webs into steel walls.

The current status of the WTO dispute reveals that Spencer paid inadequate attention to shared success than a win-lose arbitration outcome. The PM’s review of the course of actions which finally forced his government into cardiac arrest, was rather telling. His speech neither invited the people’s sympathy nor excused the government from mishandling the matter.  It alluded to gaps in execution and obvious deletions.

Perhaps the government may re-visit the WTO conflict by glancing in the rearview mirror to re-evaluate its past behaviours. Likewise, it should gaze through the windshield to better determine how to move forward. If the government confuses glancing with gazing, its past will become its future, and its future will mimic its past.  

Rearview Mirror Glance

By detailing what his administration did, Spencer chose not to mention what he did not do, or what he could have done better and differently. He should have calculated the social, economic, and diplomatic consequences of an extended fight with the US. Apparently, a legal solution didn’t take into account the complications of a risk-burdened process.  


Isn't it unfortunate that Spencer now seeks the advice of local stakeholders, only after he secured an economic loss via a legal victory? If the PM is going to empower the people, he cannot forget to include the sharpest of them in problem-solving discussions.

It would have been more helpful on the front side of this conflict to consult with local stakeholders. They might have made recommendations to avoid intensifying a costly approach that yielded failure after failure. But looking at Spencer’s leadership style, if funds were still available, the PM would have continued to rely on the fallacy that excellence is imported.

It took financial disaster and multiple failures for Spencer to listen to local talent. Notice, however, that the PM was only willing to listen if local professionals provided free advice.

Perhaps for reasons of good sense, if not for goodwill, Spencer should have made meaningful attempts to sit with members of the former Antigua Labour Party (ALP) government, which had initiated the WTO challenge. By concentrating on the value of hunting for external experts, and not on the success of fishing for homegrown talent, the United Progressive Party (UPP) missed the boat.

Consultations with the ALP may have yielded critical intelligence; intelligence no doubt that would have led to an understanding of the particular kinds of action already taken, and what was working and not working. Without appearing weak-willed, Spencer could have used this data appropriately before moving forward.

In addition, Spencer needed to have clarified what was the latest action taken by the US. A comprehensive understanding of the criteria required for determining minimum demands and compromises was vital. Taken together, these facts would have put Spencer in a better place to negotiate a reasonable settlement.  

That Canada, Japan, Cost Rica etc became third parties to Antigua & Barbuda's fight at the WTO and settled with the US speaks volume. I suspect that these countries had similar issues. But they settled with the US on Antigua & Barbuda's coattail, while the PM and his cadre of advisors were left out in the cold. How Spencer dragged the country through a back door victory but ended up with front door loss, he never explained.

A keen observer will conclude that it couldn’t be the US's fault alone, or the US would not have exercised care and precision in settling with Canada, Japan, and Cost Rica.

Windshield Gaze

The WTO dispute cannot be pursued with a mindset of mutual hostility.  Neither the US nor Antigua & Barbuda could capitalize on the benefits of co-operation if both are unwilling to break from feelings of distrust.


Unless the government shifts the focus to mutual advantages, the PM will continue to cry foul, but will be denied the gold. Given that power imbalances and national interests trump morality when playing in the big leagues, it is not wise for the PM to take re-negotiations off the table. 

It is necessary to ask: What went so tragically wrong with Antigua & Barbuda's approach to these proceedings? What are the US's primary concerns? Is there clarity over the US’s unspoken needs? What is the magic key to unlock this conflict? And, what is obscuring the underlying causes that spurred the dispute in the first place?

The PM now needs to assemble a team of experts skilled in crisis intervention, negotiation, international trade, foreign policy, cross-cultural capital, sustainable development, and finance. Tasked with the singular agenda to resolve this dispute, the team will have to examine past strategies and be empowered to take strategic decisions to get the job done.

The best way to settle international disputes is to manage agreements in ways that address nagging differences, facilitate mutual opportunities, and identify shared obligations. With adequate information and competencies, the team should measure the momentum for win-win collaboration.

Team members should be fair but firm, diplomatic but assertive, and reasonable but open, in deciding on what type of reciprocating strategy is needed to re-engage the US.

But the notion that Antigua & Barbuda is being treated unfairly because of our small size is silly. Sir Isaac Vivian Alexander Richards came from a small village in Antigua but applied his brilliance and skills to cricket. He was the most devastating batsman of his era.  What is increasingly clear is that Antigua & Barbuda did not take the time to master international diplomacy and high level negotiations.


For example, in an article entitled: “AG Blames Toothless WTO,” (Caribarena online newspaper), Attorney General Justin Simon said that the WTO failed to implement its own ruling. Would not all the sound reasoning of Simon give rise to grasp the institutional limitations of the WTO?

If the government went into the WTO dispute with this element of unawareness, I could see why it was ill-prepared to handle reality effectively.

It is worth remembering that third party countries resolved their disputes with the US with the same challenges of enforcement that typify the WTO’s operational scope. Perhaps Canada, Costa Rica, and Japan were able to put together relevant competencies to achieve better results.

I don’t know if anyone sought to uncover the type of successful strategies third party countries employed to settle with the US. This may produce critical data that could help the UPP arrive at a good settlement.

The WTO dispute does not have to end again with Antigua & Barbuda’s symbolic win, but substantial loss. Both Antigua & Barbuda and the US must take risks and clarify differences in perceptions. Both parties must decide on the terms of settlement and on mutual intentions and interests.

Although consulting local talent is a good start, Spencer’s past actions might have changed the playing field. The PM can regain credibility by bringing his behaviors in line with the principle of mutual gain. With the right thinking, right team, and right strategy, Spencer will not have to experience the same disappointments by the end of his tenure.

The WTO dispute offers Spencer a historic opportunity to reform himself in the face of changing realities. In this respect, Spencer could unleash more practical and creative thoughts until he discovers marvelous light.      

Dr Isaac Newton is an International Leadership and Change Management Consultant and Political Adviser. He specializes in Government and Business Relations, and Sustainable Development Projects. Dr. Newton works extensively, in West Africa, the Caribbean and Latin America and is a graduate of Oakwood College, Harvard, Princeton and Columbia. He has published several books on personal development and written many articles on economics, education, leadership, political, social, and faith based issues.

Hits: 2800

29 Comments In This Article   

HEADER   

Give only to Foreign Experts

#29 Washington Patterson » 2011-05-05 09:11

The UPP Government spends more money on foriegn experts than on job creation. They foolishly allow more money to leave the country than they bring in. They tax the people more than any other administration but give them back far less.

The legal team not one Antigua lawyer, though there are many qualified get over 40 million to produce a Lose-Lose Result. Can't you see colonial thinking and self hatred all over these guys backside? Yes, Doc We all can!
0
0
+
−

Washington Patterson

RE: Why Did Antigua Win But End Up Losing

#28 just askin » 2011-05-04 02:22

Exactly how much has Antigua spent winning this 21 million dollar judgement? Apparently the real "winners" are the lawyers. Antigua will be lucky to break even!
0
0
+
−

just askin

RE: Why Did Antigua Win But End Up Losing

#27 good job bob » 2011-05-04 01:53

As long as the Antiguan "negotiators" are living in a world where their claim is worth 2.7 Billion, as opposed to the reality of the WTO's 21 million dollar judgement, there is no chance at resolution.
1
0
+
−

good job bob

Want all usually gets none

#26 Antiguan Woman » 2011-05-03 20:55

Remember the story of the Dog with the bone? He saw his own shadow in the water and opened his mouth to get the other bone he saw in the water.Its something called Greed, but knowing who negotiated for the 2bilion$ its no surprise.21Mill (us) a year in my estimation is a dam good deal.
1
0
+
−

Antiguan Woman

Mockery of Public Office

#25 Winston Walsh » 2011-05-03 17:19

I am horrified when our political leaders make a mockery of the people's trust and deliver nothing but a long season of failure. That is what should be of utmost concern to every citizena n resident of A&B. The WTO dispute is a cl**ic example.
1
0
+
−

Winston Walsh

They will Listen

#24 Middleardestreet » 2011-05-03 14:43

Professor, Benjamin Marsh, LM, and Antiguan Abroad, for all the simple and complex recommendations you give, let's if this well-intentione d, purist, performance oriented UPP goverment will listen to its supporters.

Come back and let us know when Spencer and Lovell follow your UPGRADED SOLUTIONS.

Y'all can bring up the rear and provide great solutions to Dr. Newton's excellent criticisms LOL, LOL! They will listen.. Rather than feedback, why not feedforward...
0
0
+
−

Middleardestreet

Antiguan Abroad .

#23 Professor » 2011-05-03 14:06

I know for a fact that our poliicians (government leaders) do not READ, so I seldomly provide reference that require reading, and I try to speak to them the way one would speak to a toddler and sometimes they still do not get it.

The fans can say what they want, but Dr. Newton is excellent on pointing the finger, but not big on SOLUTIONS, so let me pick up the slack AGAIN. Perhaps the way forward is too simple for the complex minds in our midst, but more importantly, if the government just takes my free advice and go back to the WTO for the proper remedy (the right to transfer the judgment to China) Mark Mendel and company would not be able to milk the government.

Benjaimin W Marsh your reference is on point, albeit dated, thank you for educating us.
0
0
+
−

Professor

I hear you!

#22 Tobias Greene » 2011-05-03 13:16

Dr. Newton I like this article because you provided practical handles not just offered a board way forward.

I have seen a consistent pattern in your writings: This is what is worng, Here is how to fix it. But too many of these bloggers are obsessed with your motive but leave Politicians intentions to amass private wealth at the expense of the public alone.

Continue to help us decipher the way forward by showing us how to recognize the foolishness the UPP is doing. I like that your views are always balanced. You also point to the better way.

I wonder how much this government's peformance will be increased had it taken you advice and try something that can work. The reason why they won't use your ideas is because of arrogance, sheer ignorance and colonial thinking. I know how they talk badly about you behind your back.

Not one of them dare challenge you publicly. Why? They know fully why.
0
0
+
−

Tobias Greene

RE: Why Did Antigua Win But End Up Losing

#21 Antiguan Abroad » 2011-05-03 12:56

UNCOMMONSENSE, I am sure that Mr. Marsh does not need me to rise to his defense, but I will state that his initial comments contained more than enough solid contribution to this debate. He provided a reference from which even a moderately intelligent person could further educate themselves on the issues at hand. Learn to think independently for yourself, and don't depend on others to do it for you. I think it is high time for individuals like you, who are obviously rabid fans of Dr. Newton, to relax whenever someone espouses a viewpoint that you think is contrary to Dr. Newton's, or slightly critical of him. For the record, I too find it a bit disconcerting whenever a professional writer/communic ator continuously makes ad hominem (personal) attacks on others, without presentation of specific proof. I find it especially questionable when that writer has been employed by the same people that he continually bashes (and Dr. Newton's official website claims that he has been an advisor to both the UPP and ALP). But overall, I found this article better than the others.
0
0
+
−

Antiguan Abroad

@ BENJAMIN W. MARSH

#20 UNCOMMONSENSE » 2011-05-03 12:16

Show me how you can affirm professional conduct and apply intelligence to the way forward. We know professionalism when we see it. None of us want your opinion on cursingthe darkness. We want you show us how you would light a candle on the WTO issue. You can't right?

Clearly you are skilled at exposing the bush in your neighbor's yard but you conveniently hide the dirt in your living room. I want your IDEAS.

I Got Dr. Newton's position. He was brave enough to put his thoughts out there for criticism. Now you make better recommendations . Stop bluffing. So you know what others can't do, I see. What can you do to prove that you have solid ideas? Stop your BS, how do I know that your name is more real than mines? You may fool the fool but not the Wise. LOL?
0
0
+
−

UNCOMMONSENSE

@skyewill

#19 naiomi » 2011-05-03 12:14

Good idea about the economic summit but trust me it would never happen these politicians are too egotistic and pompous to listen. All I can say to you in your dreams
0
0
+
−

naiomi

RE: Why Did Antigua Win But End Up Losing

#18 Benajmin W. Marsh » 2011-05-03 11:59

Mr./Miss Uncommonsence,I regret to inform you that I am not a person who believe in giving satisfaction to anyone who is afraid to give their legal name in public debate. I must aslo inform you that my intention is never to defend Mr. Spencer but rather to show my disgust at people who present themselves as professionals but make a mockery of professional custom.
1
1
+
−

Benajmin W. Marsh

Well Articulated

#17 Joan Underfoot » 2011-05-03 11:41

The UPP and Spencer will always "TURN SPIDER WEBS INTO STEEL WALLS." Doc, that's all these folks know. They also know how to disempower their own people. They know quite well how to blame the ALP for all things bad. But they can't turn so-called STONEs into BREAD.
1
1
+
−

Joan Underfoot

@ LM Look At the UPP's Overall Performance!

#16 Thinking Big » 2011-05-03 11:34

The issue is not about oil and other natural resources exclusively. What we have here is a lack understanding international politics, national interests and commonsense. The US does not get any mileage from prolonging this Dispute with Antigua.

But the US must protect its vital interests. What this means is that Antigua must find a strategic pathway to link its interests to that of the US in ways that provide mutual benefits. Now what Pre K level of intelligence must you have to understand that? Stop wipe Lovell's and Spencer's bottom, they hate their own people so you won't get nothing from them.

It is a comfort to a fool to cry grudge, but Dr. Newton has been addressing a legacy of failure, spite, badmindedness, myopic politics, neglect of local talent, and bad advice. Talk all you want, look at the UPP' s performance track record.
0
0
+
−

Thinking Big

@ Doc

#15 LM » 2011-05-03 11:08

You seem to have a huge grudge against the UPP, particularly with the PM and Lovell. It's sad because it taints your obvious intelligence.
The government has done nothing wrong in ref to how they are handling the WTO issue. It's simply a situation where the USA refuses to comply with the WTO decision, because they can. Antigua is a small country with a fragile economy. We have nothing they want or need. Now, if we had oil, how long do you think it would have taken for them to comply. And they would you have been so ready to congratulate the UPP?
0
1
+
−

LM

its about negotiating

#14 tenman » 2011-05-03 10:58

Dr.Newton you made some good points. I have listened, over the years, to a ALP spokesman, Ron Maginley, take on this issue and he too has concluded that our problem was that we have been bad at negotiating. Todays Observer reports that Ron has hung up his candidate hat and I am hopeful that this may mean that the government has given credence to include him in whatever team which will be dealing with this issue. One of the points, Ron has made its that the US government's hand is also tied because there are certain state rights its cannot touch. In a way we have been trying to force the US government to do some things it cannot do. Recognizing the realities on the ground can only help in settling this matter.

..
1
0
+
−

tenman

RE: Why Did Antigua Win But End Up Losing

#13 Dessalines » 2011-05-03 10:20

@ Newton Let me get this straight. Antigua takes the US to the WTO on its non compliance of a trade agreement. Antigua wins it's case. The US refuses to comply with the ruling - and now it's the victims fault? We have poor negotiating skills? Are you serious?
Antigua is been treated unfairly (I would use the word dismissively here) because of it's size. Canada/USA trade is worth some 500 billion p.a, Japan/USA trade 185 billion $ p.a, Costa Rica/USA trade 13 billion p.a. Are we comparing an international trade dispute with Viv Richards cricketing accomplishments ?
I agree with blogger B. Marsh that you are ignorant of how WTO disputes work India and Macao dropped their case against the USA in 2008 also. They just gave up it seems. Are they poor negotiators also. Talk about blaming the victim.
0
0
+
−

Dessalines

RE: Why Did Antigua Win But End Up Losing

#12 Antiguan Abroad » 2011-05-03 10:02

Benjamin W. Marsh, Thanks for a great reference to the legal article regarding the right of developing countries to transfer their retaliation rights/monetary awards to third party (larger) countries, among other things. I believe this was a point earlier proposed by 'Professor'. The article was written in 2005, so I have no idea if these points were ever incorporated into the WTO rules since that time. If they were indeed adopted, then the PM and his attorneys should seriously consider 'Professor's recommendations .

Dr. Newton does a better job in this article of making specific allegations and providing detailed recommendations . I agree with him that the PM should spend more time culling the local (Antiguan) talent, whether currently on the island or abroad, for matters of national importance. He would be surprised, no doubt, of the wealth of combined international and domestic experience he will find.
1
0
+
−

Antiguan Abroad

@ Benjamin W. Marsh

#11 UNCOMMONSENSE » 2011-05-03 09:40

Benjamin, Dr. Newton gave his take on the WTO dispute. Since you know all the history and current ffairs, might you kindly educate this audience? Tell us, what did Spencer do wrong? Right? What is going on? What must be done right now?

Then, I would respect your objective analysis. Please apply your wealth of knowledge to enlighten us.
1
0
+
−

UNCOMMONSENSE

@ Peter Lansico - all hands on deck

#10 SKYEWILL » 2011-05-03 09:34

The team that negotiated with the US where not skilled. They came with pompous mentalities and noses up in the air, and without a p**s just for the money. This team needs to be replaced. In fact all we need is a 2 person team under the advice of the Attorney General and the PM as to the intended outcome. Using logic and reasoning come to a win situation and be satisfied. Not getting this done sooner than later is more costly. I don’t now if ridiculing the PM in a news article does any good. (Building higher walls, nothing is personal, right?) If an individual want to help they should put a POA on paper and take it to the PM’s office. The truth is having problems piling on top of more issues is unsustainable. We are spending much too much time and money on it. The priorities in the wrong place. What we need is an economic summit, a truce. Calling ALL Antiguans and Barbudans to put away differences, stop the criticism, pool ideas and get the country going again. Just like we put on a Sailing Week, put on an Economic Summit. Have a Family reunion with world wide outreach. To believe that any one person have the answer is psychopathologi cal.
2
0
+
−

SKYEWILL

Where was Amb. Dr. Ashe?

#9 Snake » 2011-05-03 09:09

With all that was going on, I want to know what advice did Antigua's Amb to the UN give the UPP.

I think that Amb. Ashe is a very intelligent and highly accomplished man but I don't see evidence of his expertise in this dispute.

Someone answer my question. Was Ashe's advice ignored too? I guess he is too black and Antiguan to be taken seriously.
0
0
+
−

Snake

Antigua Won?

#8 Sheila » 2011-05-03 09:04

We all know that the UN, WB, IMF, and WTO are set up to benefit the big countries. I think you are fully aware of that. What you showed is how small contries could use the system to their own advantage. As you stated we just don't get the best advice.

We allow internatinal experts to pimp us by using the system to advance their careers. But they end up leaving us in the cold. The lawyers got big bucks right? All of them foreign experts right? To what end? A&B is still left with an unresolved conflict. Spencer like it so...
0
0
+
−

Sheila

Reasonable Solution

#7 Dr. Mxxxxx Shoul » 2011-05-03 08:50

This is a reasonable approach to the WTO conflict especially having read Spencer's account of what took place. His leadership begs the question: Where is competence? Where is creativity? Where is sound judgment?

I am not too sure that Spencer is being properly adviced. Because he lacks real-world wisdom, all kind of people instruct him to go here and there. Because they speak in impressive language, he falls for it.

The PM should be listening to advisors as grounded academically, professionally and culturally like you. Keep up the great work!
1
0
+
−

Dr. Mxxxxx Shoul

RE: Why Did Antigua Win But End Up Losing

#6 Benjamin W. Marsh » 2011-05-03 07:01

Dr. Newton I suggest to you that you have absolutely no idea of how the WTO dispute settlement process works. Perhaps you may wish to have a read of; International Law Status of the WTO Dispute Settlement Reports: Obligation to Comply or Option to "Buy out"?
The report was produced by John H. Jackson, 98 Am. J. Int'L. 109-125(2004). You may also wish to to follow the historical development of what is now the WTO from Bretton Woods conferene till now and also investigate the Dora Round negotiation which is now taking place. Your wiriting may then beging to sound impartial
2
0
+
−

Benjamin W. Marsh

RE: Why Did Antigua Win But End Up Losing

#5 Morris » 2011-05-03 06:58

Doc, this is a well written article. All that is left now is for our leaders to take your recommendations and embark on a new avenue of approach.
1
1
+
−

Morris

RE: Why Did Antigua Win But End Up Losing

#4 good job bob » 2011-05-03 06:15

Antigua "won" (if you consider getting less than 1% of what you sued for "winning") US$21 million in trade sanctions. They continue to attempt to renegotiate the WTO's decision.

The judges decision has been upheld on appeal. 21 million a year, that's it.
0
0
+
−

good job bob

RE: Why Did Antigua Win But End Up Losing

#3 needtoknowbasis » 2011-05-03 05:49

I don’t know if anyone sought to uncover the type of successful strategies third party countries employed to settle with the US.

Not expecting the US$ 2.7 billion the Antigua government asked for and accepting the 21 million actually awarded by the WTO would probably do the trick.

Releasing the FSRC report regarding it's co-operation with the Stanford International Bank (Antigua) scam would also be a nice touch.

~Not holding my breath.
0
0
+
−

needtoknowbasis

Solid Stuff

#2 Peter Lansico » 2011-05-03 04:38

I heard the UPPites over the radio the other day using sour grapes claims to justify their ignorance, incompetence and poor performance. When are these people going to get it right. Third Party Countries settled their disputes on Antigua 's back and our leaders see no shame and disgrace in that. Small island my foot. Small thinking is destroying this country. myopic politics is killing this government.
1
1
+
−

Peter Lansico

Great Article!

#1 Peter Lansico » 2011-05-03 04:33

Doc despite all the hatred and spite coming from Lovell and Spencer, everytime you write you hit the bull. Here is a clear picture on how to solve the WTO problem. Again, you provide clear direction to the way forward after detailing what went wrong. The leaders in Antigua and Barbuda don't have the people's interest at heart. Instead of engaging professionals with practical ideas and international experience, they spend millions on foreign experts with nothing to show for it. Our people have to stop this level of incompetence.
1
1
+
−

Peter Lansico

Add comment

Dr.Isaac Newton

Dr. newtonDr. Isaac Newton is an International Leadership and Change Management Consultant and Political Adviser. He specializes in Government and Business Relations and Sustainable Development Projects. Dr. Newton works extensively in West Africa, the Caribbean and Latin America and is a graduate of Oakwood College, Harvard, Princeton and Columbia. He has published several books on personal development and written many articles on economics, education, leadership, political, social, and faith based issue

Follow us on Facebook

Spotlight on Education

Previous Next
Zone III Math Quiz Competition 2013
Antigua St. John's - Zone III schools is once again hosting its grade level math...  Read more

Latest Opinions by Dr. Isaac Newton

Search Directory


Directory Listings


Winway Building Supplies

  Winway Building Supplies Is your first stop in Antigua for all your Raw Building Materials. A locally Owned Business, and Registered agents for ...



GTECH Generators

    Generac’s broad range of choices in automatic standby power allows you tochoose enough protection to back up either a few essential circuits ...

Category: Generators

App

Android LogoDownload Caribarena's Android App Click To Download

Find us on Twitter!