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The WTO was established on 1st January
1995. The governments had concluded the
Uruguay    round     negotiations  on    15th
December 1993 and the ministers gave their
final approval in Marrakesh, Morocco in April
1994
   The WTO is the embodiment of the Uruguay
    round results and the successor to the General
    Agreement on Tariffs and Trade . (GATT)
   The WTO administers the trade agreements
    negotiated by its members , in particular the
    GATT , the GATS (General Agreement on Trade in
    Services ) and the TRIPS ( Trade Related Aspects
    of Intellectual Property Rights).
   The WTO builds on the organizational structure
    that had developed under GATT auspices of the
    early 1990’s.
   The WTO has larger membership than GATT ,
    the number of members stands at 150.India
    is one of the founder members of the WTO.
   It is based in Geneva , Switzerland.
   An international Organization:

    ◦ Organization created by the Marrakesh
      Agreement
    ◦ Sui generis organisation (independent
      from the United Nation system)
    ◦ Replaces the GATT (created in 1947)



                                              4
   WTO Objectives:
    ◦ Raising standards of living
    ◦ Ensuring full employment
    ◦ Ensuring growth of real income and
      demand
    ◦ Expanding production and trade
    ◦ Sustainable development
    ◦ Protection of the environment

                                           5
   Set of rules
       The negotiated legal rules included in
       the various WTO agreements cover the
       following topics:
      Trade in Goods
      Trade in Services
      Trade-related aspects of intellectual
       property rights
      Dispute Settlement
      Trade Policy Reviews
                                                6
    The fundamental principles are
1.    Non Discrimination
2.    Transparency
3.    Binding Commitments
4.    Reciprocity
5.    Safety Valves
   It is based on the concept of normal trade
    relations – previously called the Most Favored
    Nation (MFN) rule. This rule requires that the
    WTO members extend the same favorable
    terms to all members that they extend to any
    single member.
   The normal trade relations principle applies
    unconditionally.
   Although exceptions are made for the
    formation of trading blocs and for
    preferential treatment of developing
    countries, the non discrimination principle is
    basic pillar of the WTO. Because of this
    principle , importers and consumers will have
    the benefit of using low cost goods ,
    irrespective of whichever country they are
    being produced.
   The principle of Non Discrimination has one
    more dimension : national treatment .
    National treatment enjoins all member
    countries to treat imported and locally
    produced goods equally .
   Transparency is a basic pillar of the WTO .
    WTO members are required to publish their
    trade regulations , to establish and maintain
    institutions allowing for review of
    administrative decisions affecting trade to
    respond to request for information by other
    members and to notify changes in trade
    policies to the WTO.
   The regular surveillance of national trade
    policies through the trade policy review
    mechanism provides the means of
    encouraging transparency both domestically
    and at multilateral level.
   In the WTO , when countries agree to open
    their markets for goods and services , they
    bind their commitments. Often countries ,
    particularly the developing ones , tax imports
    at rates . But in developed , the rates actually
    charged and bound rates tend to the same.
   A country can change its bindings , but only
    after negotiating with its trading partners,
    which can mean compensating them for loss
    of trade.
   It operates during negotiations among
    countries when governments negotiate in
    WTO rounds , they do so with the objective of
    obtaining mutually beneficial arrangements
    through reciprocal reductions in tariff
    bindings In particular governments approach
    negotiators seeking a “balance of
    concessions” whereby the tariff reductions by
    one country is balanced against an equivalent
    concession from its trading partners.
    In certain circumstances government should
     be able to restrict trade. Four types of
     provisions exist in this connection.
1.    Goods and services meant for non economic
      objectives such as public health and national
      security.
2.    Industries likely to be injured by competition
      from imports.
3. Articles aimed at ensuring fair competition.
 Measures in this situation include the right to
 impose countervailing duties on imports that
 have been subsidized and anti dumping
 duties on imports that have been dumped.
4. Provisions permitting intervention in trade
 for economic reasons . Economic reasons
 include measures to correct a serious
 unfavorable balance of trade or the desire to
 protect an infant industry.
   Administering and implementing the
    multilateral and plurilateral trade agreements
    which together make up the WTO.
   Acting as a forum for multilateral trade
    negotiations.
   Overseeing national trade policies.
   Cooperating with other international
    institutions involved in global economic
    policies.
   The WTO is a member driven organization, with
    decisions being made by consensus among all
    member governments. All decisions are made by
    the membership as a whole, either by ministers (
    who meet once in two years ) or by their
    ambassadors or delegates ( who meet regularly
    in Geneva).
   In this respect , the WTO is different from other
    international organizations such as the world
    Bank and International Monetary Fund . In the
    WTO, power is not delegated to a board of
    directors or to a chief executive officer
   The WTO had its origin in Bretton woods
    conference after the end of second world war.
    It was founded in 1948 with 23 members by
    the name of GATT[General Agreement on
    Tariffs and Trade]. But in 1995,GATT was
    rechristined as WTO.
1.GATT was a provisional legal agreement
whereas WTO is an organization with
permanent agreements.
2.WTO has members while GATT had only
contracting parties.
   3.GATT dealt only with trade in goods while
    WTO covers services and intellectual property
    rights as well.
    4.The real critical distinction between GATT
    and WTO is creation of a binding dispute
    settlement system . Under GATT contracting
    parties could bring cases before international
    body but there was no effective enforcement
    mechanism. But in WTO an effective
    enforcement mechanism exists.
   WTO Structure
                                                   Appellate
            Ministerial Conference
                                                     Body
    TPRB        General Council        DSB         Dispute
                                                  Settlement
                                                    Panels
Goods Council       Services Council
                                         CTD (Development)
 Committees            Committees        CTE (Environment)
                                         CRTA (Regionalism)
                                               BOP
             TRIPS                            Budget
             Council                      WG (Accessions,
                                       Investment, competition,
    Director-General                         Government
      Secretariat                           Procurement)
                                                                  23
   Secretariat

    ◦ About 750 staff
    ◦ Headed by a Director-General (DG)
    ◦ Budget 2009: 190 millions Swiss francs +
      extra-budgetary funds (about 24 millions
      Swiss francs)



                                                 24
   Decision making
    ◦ Member-driven organisation
    ◦ Consensus (GATT practice), even if voting
      procedures exist
    ◦ Consensus when no Member formally
      object to a decision
    ◦ “Negative” consensus


                                                  26
   Meetings

    ◦ Type of meetings
      (formal, informal, special
      sessions, consultations, multi- /pluri-
      /bilateral)

    ◦ All WTO Bodies open to all Members
      (specificities for panels and Appellate
      Body)

                                                27
Decisions   and Declarations (few examples)
 ◦ 1996 Singapore ministerial conference
     Singapore Topics
        Trade Facilitation, Investments, Competition,
         Transparency in Government Procurement
     « Information Technology » Initiative
 ◦ 1998 Geneva ministerial conference
        Electronic Commerce
 ◦ 1999 Seattle ministerial conference
 ◦ 2001 Doha ministerial conference
        Doha Development Agenda

                                                         28
   March 2010: “We are not where we wanted to be by
    now”

   Informal consultations (regional groups, small groups
    in variable geometry and with individual Members)

   Members committed to the mandate of the Round and
    to its successful conclusion.
     ◦Value of the system (e.g. global economic crisis-
     MTS has prevented a descent into full scale
     protectionism.

   Sense of frustration at the slow pace of the
    negotiations, but there is a clear catalogue of gaps
     ◦Picture is more blurred is regarding the size of some
     of these gaps (Blue Box in agriculture or in Trade
     Facilitation). Size of gaps much less clear in NAMA or
     Fishery Subsidies.
                                                              29
   Next steps: mix of technical and political preparations to
    start devising the contours of a package
     ◦Need to build on what is already on the table (Chairs'
      texts), avoid backtracking, and maintaining the
      development dimension of the Round.

   A "cocktail" approach: Chair-led processes within the
    Negotiating Groups, maintaining an overview of the entire
    negotiating landscape (transparency and
    inclusiveness), and smaller groups in variable geometry
    and bilateral contacts remain necessary and essential –
    moving towards a more horizontal view of the issues
    (negotiating groups and the TNC remaining the anchor of
    the negotiating process)

   Ministerial involvement: make productive use of up-
    coming gatherings (e.g. Cairns Group, APEC and OECD)
    , possible Ministerial engagement if needed

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M 3 international law and wto

  • 1. The WTO was established on 1st January 1995. The governments had concluded the Uruguay round negotiations on 15th December 1993 and the ministers gave their final approval in Marrakesh, Morocco in April 1994
  • 2. The WTO is the embodiment of the Uruguay round results and the successor to the General Agreement on Tariffs and Trade . (GATT)  The WTO administers the trade agreements negotiated by its members , in particular the GATT , the GATS (General Agreement on Trade in Services ) and the TRIPS ( Trade Related Aspects of Intellectual Property Rights).  The WTO builds on the organizational structure that had developed under GATT auspices of the early 1990’s.
  • 3. The WTO has larger membership than GATT , the number of members stands at 150.India is one of the founder members of the WTO.  It is based in Geneva , Switzerland.
  • 4. An international Organization: ◦ Organization created by the Marrakesh Agreement ◦ Sui generis organisation (independent from the United Nation system) ◦ Replaces the GATT (created in 1947) 4
  • 5. WTO Objectives: ◦ Raising standards of living ◦ Ensuring full employment ◦ Ensuring growth of real income and demand ◦ Expanding production and trade ◦ Sustainable development ◦ Protection of the environment 5
  • 6. Set of rules The negotiated legal rules included in the various WTO agreements cover the following topics:  Trade in Goods  Trade in Services  Trade-related aspects of intellectual property rights  Dispute Settlement  Trade Policy Reviews 6
  • 7. The fundamental principles are 1. Non Discrimination 2. Transparency 3. Binding Commitments 4. Reciprocity 5. Safety Valves
  • 8. It is based on the concept of normal trade relations – previously called the Most Favored Nation (MFN) rule. This rule requires that the WTO members extend the same favorable terms to all members that they extend to any single member.  The normal trade relations principle applies unconditionally.
  • 9. Although exceptions are made for the formation of trading blocs and for preferential treatment of developing countries, the non discrimination principle is basic pillar of the WTO. Because of this principle , importers and consumers will have the benefit of using low cost goods , irrespective of whichever country they are being produced.
  • 10. The principle of Non Discrimination has one more dimension : national treatment . National treatment enjoins all member countries to treat imported and locally produced goods equally .
  • 11. Transparency is a basic pillar of the WTO . WTO members are required to publish their trade regulations , to establish and maintain institutions allowing for review of administrative decisions affecting trade to respond to request for information by other members and to notify changes in trade policies to the WTO.
  • 12. The regular surveillance of national trade policies through the trade policy review mechanism provides the means of encouraging transparency both domestically and at multilateral level.
  • 13. In the WTO , when countries agree to open their markets for goods and services , they bind their commitments. Often countries , particularly the developing ones , tax imports at rates . But in developed , the rates actually charged and bound rates tend to the same.  A country can change its bindings , but only after negotiating with its trading partners, which can mean compensating them for loss of trade.
  • 14. It operates during negotiations among countries when governments negotiate in WTO rounds , they do so with the objective of obtaining mutually beneficial arrangements through reciprocal reductions in tariff bindings In particular governments approach negotiators seeking a “balance of concessions” whereby the tariff reductions by one country is balanced against an equivalent concession from its trading partners.
  • 15. In certain circumstances government should be able to restrict trade. Four types of provisions exist in this connection. 1. Goods and services meant for non economic objectives such as public health and national security. 2. Industries likely to be injured by competition from imports.
  • 16. 3. Articles aimed at ensuring fair competition. Measures in this situation include the right to impose countervailing duties on imports that have been subsidized and anti dumping duties on imports that have been dumped. 4. Provisions permitting intervention in trade for economic reasons . Economic reasons include measures to correct a serious unfavorable balance of trade or the desire to protect an infant industry.
  • 17. Administering and implementing the multilateral and plurilateral trade agreements which together make up the WTO.  Acting as a forum for multilateral trade negotiations.  Overseeing national trade policies.  Cooperating with other international institutions involved in global economic policies.
  • 18. The WTO is a member driven organization, with decisions being made by consensus among all member governments. All decisions are made by the membership as a whole, either by ministers ( who meet once in two years ) or by their ambassadors or delegates ( who meet regularly in Geneva).  In this respect , the WTO is different from other international organizations such as the world Bank and International Monetary Fund . In the WTO, power is not delegated to a board of directors or to a chief executive officer
  • 19. The WTO had its origin in Bretton woods conference after the end of second world war. It was founded in 1948 with 23 members by the name of GATT[General Agreement on Tariffs and Trade]. But in 1995,GATT was rechristined as WTO.
  • 20. 1.GATT was a provisional legal agreement whereas WTO is an organization with permanent agreements. 2.WTO has members while GATT had only contracting parties.
  • 21. 3.GATT dealt only with trade in goods while WTO covers services and intellectual property rights as well. 4.The real critical distinction between GATT and WTO is creation of a binding dispute settlement system . Under GATT contracting parties could bring cases before international body but there was no effective enforcement mechanism. But in WTO an effective enforcement mechanism exists.
  • 22. WTO Structure Appellate Ministerial Conference Body TPRB General Council DSB Dispute Settlement Panels Goods Council Services Council CTD (Development) Committees Committees CTE (Environment) CRTA (Regionalism) BOP TRIPS Budget Council WG (Accessions, Investment, competition, Director-General Government Secretariat Procurement) 23
  • 23. Secretariat ◦ About 750 staff ◦ Headed by a Director-General (DG) ◦ Budget 2009: 190 millions Swiss francs + extra-budgetary funds (about 24 millions Swiss francs) 24
  • 24. Decision making ◦ Member-driven organisation ◦ Consensus (GATT practice), even if voting procedures exist ◦ Consensus when no Member formally object to a decision ◦ “Negative” consensus 26
  • 25. Meetings ◦ Type of meetings (formal, informal, special sessions, consultations, multi- /pluri- /bilateral) ◦ All WTO Bodies open to all Members (specificities for panels and Appellate Body) 27
  • 26. Decisions and Declarations (few examples) ◦ 1996 Singapore ministerial conference  Singapore Topics  Trade Facilitation, Investments, Competition, Transparency in Government Procurement  « Information Technology » Initiative ◦ 1998 Geneva ministerial conference  Electronic Commerce ◦ 1999 Seattle ministerial conference ◦ 2001 Doha ministerial conference  Doha Development Agenda 28
  • 27. March 2010: “We are not where we wanted to be by now”  Informal consultations (regional groups, small groups in variable geometry and with individual Members)  Members committed to the mandate of the Round and to its successful conclusion. ◦Value of the system (e.g. global economic crisis- MTS has prevented a descent into full scale protectionism.  Sense of frustration at the slow pace of the negotiations, but there is a clear catalogue of gaps ◦Picture is more blurred is regarding the size of some of these gaps (Blue Box in agriculture or in Trade Facilitation). Size of gaps much less clear in NAMA or Fishery Subsidies. 29
  • 28. Next steps: mix of technical and political preparations to start devising the contours of a package ◦Need to build on what is already on the table (Chairs' texts), avoid backtracking, and maintaining the development dimension of the Round.   A "cocktail" approach: Chair-led processes within the Negotiating Groups, maintaining an overview of the entire negotiating landscape (transparency and inclusiveness), and smaller groups in variable geometry and bilateral contacts remain necessary and essential – moving towards a more horizontal view of the issues (negotiating groups and the TNC remaining the anchor of the negotiating process)  Ministerial involvement: make productive use of up- coming gatherings (e.g. Cairns Group, APEC and OECD) , possible Ministerial engagement if needed