World Trade Organization: Difference between revisions
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Well before GATT's 40th anniversary, its members concluded that the GATT system was straining to adapt to a new [[globalization|globalizing]] world economy.<ref name="G4">P. Gallagher, ''The First Ten Years of the WTO'', 4</ref><ref name="UR">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact5_e.htm The Uruguay Round], World Trade Organization</ref> In response to the problems identified in the 1982 Ministerial Declaration (structural deficiencies, spill-over impacts of certain countries' policies on world trade GATT could not manage etc.), the eighth GATT round — known as the Uruguay Round — was launched in September 1986, in [[Punta del Este]], [[Uruguay]].<ref name="G4" /> |
Well before GATT's 40th anniversary, its members concluded that the GATT system was straining to adapt to a new [[globalization|globalizing]] world economy.<ref name="G4">P. Gallagher, ''The First Ten Years of the WTO'', 4</ref><ref name="UR">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact5_e.htm The Uruguay Round], World Trade Organization</ref> In response to the problems identified in the 1982 Ministerial Declaration (structural deficiencies, spill-over impacts of certain countries' policies on world trade GATT could not manage etc.), the eighth GATT round — known as the Uruguay Round — was launched in September 1986, in [[Punta del Este]], [[Uruguay]].<ref name="G4" /> |
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It was the biggest negotiating mandate on trade ever agreed: the talks were going to extend the trading system into several new areas, notably trade in services and intellectual property, and to reform trade in the sensitive sectors of agriculture and textiles; all the original GATT articles were up for review.<ref name="UR"/> The Final Act concluding the Uruguay Round and officially establishing the WTO regime was signed April 15, 1994, during the ministerial meeting at [[Marrakesh]], [[Morocco]], and hence is known as the [[Marrakesh Agreement]].<ref>{{cite web|url= http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm|title=Legal texts – Marrakesh agreement| publisher=WTO|date=|accessdate=2010-05-30}}</ref> |
It was the biggest negotiating mandate on trade ever agreed: the talks were going to extend the trading system into several new areas, notably trade in services and intellectual property, and to reform trade in the sensitive sectors of agriculture and textiles; all the original GATT articles were up for review.<ref name="UR"/> [[Overseas Development Institute| ODI]] research on the [[http://www.odi.org.uk/resources/details.asp?id=5443&title=gatt-uruguay-round-ldcs| Uruguay Round]] found that it had added significance due to the increased involvement of developing countries. This involvement can be seen with the creation of the [[Cairns Group]]; made up of the smaller developed-country agricultural exporters and developing countries, while the [[Pacific Rim]] group, that focused on safeguards, is another example.<ref>{{cite web|title=The GATT Uruguay Round|url=http://www.odi.org.uk/resources/details.asp?id=5443&title=gatt-uruguay-round-ldcs|work=ODI briefing paper, November 1987|publisher=[[Overseas Development Institute]]|accessdate=30 June 2011}}</ref> The Final Act concluding the Uruguay Round and officially establishing the WTO regime was signed April 15, 1994, during the ministerial meeting at [[Marrakesh]], [[Morocco]], and hence is known as the [[Marrakesh Agreement]].<ref>{{cite web|url= http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm|title=Legal texts – Marrakesh agreement| publisher=WTO|date=|accessdate=2010-05-30}}</ref> |
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The GATT still exists as the WTO's umbrella treaty for trade in goods, updated as a result of the Uruguay Round negotiations (a distinction is made between ''GATT 1994'', the updated parts of GATT, and ''GATT 1947'', the original agreement which is still the heart of GATT 1994).<ref name="G4" /> GATT 1994 is not however the only legally binding agreement included via the Final Act at Marrakesh; a long list of about 60 agreements, annexes, decisions and understandings was adopted. The agreements fall into a structure with six main parts: |
The GATT still exists as the WTO's umbrella treaty for trade in goods, updated as a result of the Uruguay Round negotiations (a distinction is made between ''GATT 1994'', the updated parts of GATT, and ''GATT 1947'', the original agreement which is still the heart of GATT 1994).<ref name="G4" /> GATT 1994 is not however the only legally binding agreement included via the Final Act at Marrakesh; a long list of about 60 agreements, annexes, decisions and understandings was adopted. The agreements fall into a structure with six main parts: |
Revision as of 10:55, 30 June 2011
File:Wto logo.png | |
Formation | January 1, 1995 |
---|---|
Headquarters | Centre William Rappard, Geneva, Switzerland |
Membership | 153 member states |
Official language | English, French, Spanish[1] |
Pascal Lamy | |
Budget | 189 million Swiss francs (approx. 182 million USD) in 2009.[2] |
Staff | 625[3] |
Website | wto.org |
The World Trade Organizatio (WTO) is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalizing trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments.[4][5] Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986–1994).
The organization is currently endeavoring to persist with a trade negotiation called the Doha Development Agenda (or Doha Round), which was launched in 2001 to enhance equitable participation of poorer countries which represent a majority of the world's population. However, the negotiation has been dogged by "disagreement between exporters of agricultural bulk commodities and countries with large numbers of subsistence farmers on the precise terms of a 'special safeguard measure' to protect farmers from surges in imports. At this time, the future of the Doha Round is uncertain."[6]
The WTO has 153 members,[7] representing more than 97% of the world's population,[8] and 30 observers, most seeking membership. The WTO is governed by a ministerial conference, meeting every two years; a general council, which implements the conference's policy decisions and is responsible for day-to-day administration; and a director-general, who is appointed by the ministerial conference. The WTO's headquarters is at the Centre William Rappard, Geneva, Switzerland.
History
The WTO's predecessor, the General Agreement on Tariffs and Trade (GATT), was established after World War II in the wake of other new multilateral institutions dedicated to international economic cooperation — notably the Bretton Woods institutions known as the World Bank and the International Monetary Fund. A comparable international institution for trade, named the International Trade Organization was successfully negotiated. The ITO was to be a United Nations specialized agency and would address not only trade barriers but other issues indirectly related to trade, including employment, investment, restrictive business practices, and commodity agreements. But the ITO treaty was not approved by the U.S. and a few other signatories and never went into effect.[10][11][12]
In the absence of an international organization for trade, the GATT would over the years "transform itself" into a de facto international organization.[13]
GATT rounds of negotiations
The GATT was the only multilateral instrument governing international trade from 1945 until the WTO was established in 1995.[14] Despite attempts in the mid 1950s and 1960s to create some form of institutional mechanism for international trade, the GATT continued to operate for almost half a century as a semi-institutionalized multilateral treaty regime on a provisional basis.[15]
From Geneva to Tokyo
Seven rounds of negotiations occurred under GATT. The first real GATT trade rounds concentrated on further reducing tariffs. Then, the Kennedy Round in the mid-sixties brought about a GATT anti-dumping Agreement and a section on development. The Tokyo Round during the seventies was the first major attempt to tackle trade barriers that do not take the form of tariffs, and to improve the system, adopting a series of agreements on non-tariff barriers, which in some cases interpreted existing GATT rules, and in others broke entirely new ground. Because these plurilateral agreements were not accepted by the full GATT membership, they were often informally called "codes". Several of these codes were amended in the Uruguay Round, and turned into multilateral commitments accepted by all WTO members. Only four remained plurilateral (those on government procurement, bovine meat, civil aircraft and dairy products), but in 1997 WTO members agreed to terminate the bovine meat and dairy agreements, leaving only two.[14]
Uruguay Round
Well before GATT's 40th anniversary, its members concluded that the GATT system was straining to adapt to a new globalizing world economy.[18][19] In response to the problems identified in the 1982 Ministerial Declaration (structural deficiencies, spill-over impacts of certain countries' policies on world trade GATT could not manage etc.), the eighth GATT round — known as the Uruguay Round — was launched in September 1986, in Punta del Este, Uruguay.[18]
It was the biggest negotiating mandate on trade ever agreed: the talks were going to extend the trading system into several new areas, notably trade in services and intellectual property, and to reform trade in the sensitive sectors of agriculture and textiles; all the original GATT articles were up for review.[19] ODI research on the [Uruguay Round] found that it had added significance due to the increased involvement of developing countries. This involvement can be seen with the creation of the Cairns Group; made up of the smaller developed-country agricultural exporters and developing countries, while the Pacific Rim group, that focused on safeguards, is another example.[20] The Final Act concluding the Uruguay Round and officially establishing the WTO regime was signed April 15, 1994, during the ministerial meeting at Marrakesh, Morocco, and hence is known as the Marrakesh Agreement.[21]
The GATT still exists as the WTO's umbrella treaty for trade in goods, updated as a result of the Uruguay Round negotiations (a distinction is made between GATT 1994, the updated parts of GATT, and GATT 1947, the original agreement which is still the heart of GATT 1994).[18] GATT 1994 is not however the only legally binding agreement included via the Final Act at Marrakesh; a long list of about 60 agreements, annexes, decisions and understandings was adopted. The agreements fall into a structure with six main parts:
- The Agreement Establishing the WTO
- Goods and investment — the Multilateral Agreements on Trade in Goods including the GATT 1994 and the Trade Related Investment Measures
- Services — the General Agreement on Trade in Services
- Intellectual property — the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
- Dispute settlement (DSU)
- Reviews of governments' trade policies (TPRM)[22]
Ministerial conferences
The topmost decision-making body of the WTO is the Ministerial Conference, which usually meets every two years. It brings together all members of the WTO, all of which are countries or customs unions. The Ministerial Conference can take decisions on all matters under any of the multilateral trade agreements. The inaugural ministerial conference was held in Singapore in 1996. Disagreements between largely developed and developing economies emerged during this conference over four issues initiated by this conference, which led to them being collectively referred to as the "Singapore issues". The second ministerial conference was held in Geneva in Switzerland. The third conference in Seattle, Washington ended in failure, with massive demonstrations and police and National Guard crowd control efforts drawing worldwide attention. The fourth ministerial conference was held in Doha in the Persian Gulf nation of Qatar. The Doha Development Round was launched at the conference. The conference also approved the joining of China, which became the 143rd member to join. The fifth ministerial conference was held in Cancún, Mexico, aiming at forging agreement on the Doha round. An alliance of 22 southern states, the G20 developing nations (led by India, China,[23] Brazil, ASEAN led by the Philippines), resisted demands from the North for agreements on the so-called "Singapore issues" and called for an end to agricultural subsidies within the EU and the US. The talks broke down without progress.
The sixth WTO ministerial conference was held in Hong Kong from 13–18 December 2005. It was considered vital if the four-year-old Doha Development Agenda negotiations were to move forward sufficiently to conclude the round in 2006. In this meeting, countries agreed to phase out all their agricultural export subsidies by the end of 2013, and terminate any cotton export subsidies by the end of 2006. Further concessions to developing countries included an agreement to introduce duty free, tariff free access for goods from the Least Developed Countries, following the Everything but Arms initiative of the European Union — but with up to 3% of tariff lines exempted. Other major issues were left for further negotiation to be completed by the end of 2010. The WTO General Council, on 26 May 2009, agreed to hold a seventh WTO ministerial conference session in Geneva from 30 November-3 December 2009. A statement by chairman Amb. Mario Matus acknowledged that the prime purpose was to remedy a breach of protocol requiring two-yearly "regular" meetings, which had lapsed with the Doha Round failure in 2005, and that the "scaled-down" meeting would not be a negotiating session, but "emphasis will be on transparency and open discussion rather than on small group processes and informal negotiating structures". The general theme for discussion was "The WTO, the Multilateral Trading System and the Current Global Economic Environment"[24]
Doha Round
The WTO launched the current round of negotiations, the Doha Development Agenda (DDA) or Doha Round, at the fourth ministerial conference in Doha, Qatar in November 2001. The Doha round was to be an ambitious effort to make globalization more inclusive and help the world's poor, particularly by slashing barriers and subsidies in farming.[25] The initial agenda comprised both further trade liberalization and new rule-making, underpinned by commitments to strengthen substantial assistance to developing countries.[26]
The negotiations have been highly contentious and agreement has not been reached, despite the intense negotiations at several ministerial conferences and at other sessions. Disagreements still continue over several key areas including agriculture subsidies.[27]
Name | Start | Duration | Countries | Subjects covered | Achievements | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Geneva | April 1947 | 7 months | 23 | Tariffs | Signing of GATT, 45,000 tariff concessions affecting $10 billion of trade | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Annecy | April 1949 | 5 months | 34 | Tariffs | Countries exchanged some 5,000 tariff concessions | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Torquay | September 1950 | 8 months | 34 | Tariffs | Countries exchanged some 8,700 tariff concessions, cutting the 1948 tariff levels by 25% | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Geneva II | January 1956 | 5 months | 22 | Tariffs, admission of Japan | $2.5 billion in tariff reductions | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Dillon | September 1960 | 11 months | 45 | Tariffs | Tariff concessions worth $4.9 billion of world trade | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Kennedy | May 1964 | 37 months | 48 | Tariffs, anti-dumping | Tariff concessions worth $40 billion of world trade | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Tokyo | September 1973 | 74 months | 102 | Tariffs, non-tariff measures, "framework" agreements | Tariff reductions worth more than $300 billion achieved | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Uruguay | September 1986 | 87 months | 123 | Tariffs, non-tariff measures, rules, services, intellectual property, dispute settlement, textiles, agriculture, creation of WTO, etc. | The round led to the creation of WTO, and extended the range of trade negotiations, leading to major reductions in tariffs (about 40%) and agricultural subsidies, an agreement to allow full access for textiles and clothing from developing countries, and an extension of intellectual property rights. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Doha | November 2001 | ? | 159 | Tariffs, non-tariff measures, agriculture, labor standards, environment, competition, investment, transparency, patents etc. | The round has not yet concluded. The last agreement to date, the Bali Package, was signed on 7 December 2013. |
Functions
Among the various functions of the WTO, these are regarded by analysts as the most important:
- It oversees the implementation, administration and operation of the covered agreements.[31][32]
- It provides a forum for negotiations and for settling disputes.[33][34]
Additionally, it is the WTO's duty to review and propagate the national trade policies, and to ensure the coherence and transparency of trade policies through surveillance in global economic policy-making.[32][34] Another priority of the WTO is the assistance of developing, least-developed and low-income countries in transition to adjust to WTO rules and disciplines through technical cooperation and training.[35]
The WTO is also a center of economic research and analysis: regular assessments of the global trade picture in its annual publications and research reports on specific topics are produced by the organization.[36] Finally, the WTO cooperates closely with the two other components of the Bretton Woods system, the IMF and the World Bank.[33]
Principles of the trading system
The WTO establishes a framework for trade policies; it does not define or specify outcomes. That is, it is concerned with setting the rules of the trade policy games.[37] Five principles are of particular importance in understanding both the pre-1994 GATT and the WTO:
- Non-Discrimination. It has two major components: the most favoured nation (MFN) rule, and the national treatment policy. Both are embedded in the main WTO rules on goods, services, and intellectual property, but their precise scope and nature differ across these areas. The MFN rule requires that a WTO member must apply the same conditions on all trade with other WTO members, i.e. a WTO member has to grant the most favorable conditions under which it allows trade in a certain product type to all other WTO members.[37] "Grant someone a special favour and you have to do the same for all other WTO members."[38] National treatment means that imported goods should be treated no less favorably than domestically produced goods (at least after the foreign goods have entered the market) and was introduced to tackle non-tariff barriers to trade (e.g. technical standards, security standards et al. discriminating against imported goods).[37]
- Reciprocity. It reflects both a desire to limit the scope of free-riding that may arise because of the MFN rule, and a desire to obtain better access to foreign markets. A related point is that for a nation to negotiate, it is necessary that the gain from doing so be greater than the gain available from unilateral liberalization; reciprocal concessions intend to ensure that such gains will materialise.[39]
- Binding and enforceable commitments. The tariff commitments made by WTO members in a multilateral trade negotiation and on accession are enumerated in a schedule (list) of concessions. These schedules establish "ceiling bindings": a country can change its bindings, but only after negotiating with its trading partners, which could mean compensating them for loss of trade. If satisfaction is not obtained, the complaining country may invoke the WTO dispute settlement procedures.[38][39]
- Transparency. The WTO members are required to publish their trade regulations, to maintain institutions allowing for the review of administrative decisions affecting trade, to respond to requests for information by other members, and to notify changes in trade policies to the WTO. These internal transparency requirements are supplemented and facilitated by periodic country-specific reports (trade policy reviews) through the Trade Policy Review Mechanism (TPRM).[40] The WTO system tries also to improve predictability and stability, discouraging the use of quotas and other measures used to set limits on quantities of imports.[38]
- Safety valves. In specific circumstances, governments are able to restrict trade. There are three types of provisions in this direction: articles allowing for the use of trade measures to attain noneconomic objectives; articles aimed at ensuring "fair competition"; and provisions permitting intervention in trade for economic reasons.[40] Exceptions to the MFN principle also allow for preferential treatment of developed countries, regional free trade areas and customs unions.[citation needed]
Organizational structure
The General Council has multiple bodies which oversee committees in different areas, re the following:
- Council for Trade in Goods
- There are 11 committees under the jurisdiction of the Goods Council each with a specific task. All members of the WTO participate in the committees. The Textiles Monitoring Body is separate from the other committees but still under the jurisdiction of Goods Council. The body has its own chairman and only 10 members. The body also has several groups relating to textiles.[41]
- Council for Trade-Related Aspects of Intellectual Property Rights
- Information on intellectual property in the WTO, news and official records of the activities of the TRIPS Council, and details of the WTO’s work with other international organizations in the field.[42]
- Council for Trade in Services
- The Council for Trade in Services operates under the guidance of the General Council and is responsible for overseeing the functioning of the General Agreement on Trade in Services (GATS). It is open to all WTO members, and can create subsidiary bodies as required.[43]
- Trade Negotiations Committee
- The Trade Negotiations Committee (TNC) is the committee that deals with the current trade talks round. The chair is WTO’s director-general. The committee is currently tasked with the Doha Development Round.[44]
The Service Council has three subsidiary bodies: financial services, domestic regulations, GATS rules and specific commitments.[41] The General council has several different committees, working groups, and working parties.[45] There are committees on the following: Trade and Environment; Trade and Development (Subcommittee on Least-Developed Countries); Regional Trade Agreements; Balance of Payments Restrictions; and Budget, Finance and Administration. There are working parties on the following: Accession. There are working groups on the following: Trade, debt and finance; and Trade and technology transfer.
Voting system
The WTO operates on a one country, one vote system, but actual votes have never been taken. Decision making is generally by consensus, and relative market size is the primary source of bargaining power. The advantage of consensus decision-making is that it encourages efforts to find the most widely acceptable decision. Main disadvantages include large time requirements and many rounds of negotiation to develop a consensus decision, and the tendency for final agreements to use ambiguous language on contentious points that makes future interpretation of treaties difficult.[citation needed]
In reality, WTO negotiations proceed not by consensus of all members, but by a process of informal negotiations between small groups of countries. Such negotiations are often called "Green Room" negotiations (after the colour of the WTO Director-General's Office in Geneva), or "Mini-Ministerials", when they occur in other countries. These processes have been regularly criticised by many of the WTO's developing country members which are often totally excluded from the negotiations.[citation needed]
Richard Harold Steinberg (2002) argues that although the WTO's consensus governance model provides law-based initial bargaining, trading rounds close through power-based bargaining favouring Europe and the U.S., and may not lead to Pareto improvement.[46]
Dispute settlement
In 1994, the WTO members agreed on the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) annexed to the "Final Act" signed in Marrakesh in 1994.[47] Dispute settlement is regarded by the WTO as the central pillar of the multilateral trading system, and as a "unique contribution to the stability of the global economy".[48] WTO members have agreed that, if they believe fellow-members are violating trade rules, they will use the multilateral system of settling disputes instead of taking action unilaterally.[49]
The operation of the WTO dispute settlement process involves the DSB panels, the Appellate Body, the WTO Secretariat, arbitrators, independent experts and several specialized institutions.[50] Bodies involved in the dispute settlement process, World Trade Organization.
Accession and membership
The process of becoming a WTO member is unique to each applicant country, and the terms of accession are dependent upon the country's stage of economic development and current trade regime.[51] The process takes about five years, on average, but it can last more if the country is less than fully committed to the process or if political issues interfere.[52] As is typical of WTO procedures, an offer of accession is only given once consensus is reached among interested parties.[53]
Accession process
A country wishing to accede to the WTO submits an application to the General Council, and has to describe all aspects of its trade and economic policies that have a bearing on WTO agreements.[54] The application is submitted to the WTO in a memorandum which is examined by a working party open to all interested WTO Members.[53]
After all necessary background information has been acquired, the working party focuses on issues of discrepancy between the WTO rules and the applicant's international and domestic trade policies and laws. The working party determines the terms and conditions of entry into the WTO for the applicant nation, and may consider transitional periods to allow countries some leeway in complying with the WTO rules.[51]
The final phase of accession involves bilateral negotiations between the applicant nation and other working party members regarding the concessions and commitments on tariff levels and market access for goods and services. The new member's commitments are to apply equally to all WTO members under normal non-discrimination rules, even though they are negotiated bilaterally.[54]
When the bilateral talks conclude, the working party sends to the general council or ministerial conference an accession package, which includes a summary of all the working party meetings, the Protocol of Accession (a draft membership treaty), and lists ("schedules") of the member-to-be's commitments. Once the general council or ministerial conference approves of the terms of accession, the applicant's parliament must ratify the Protocol of Accession before it can become a member.[55]
Members and observers
The WTO has 153 members (almost all of the 123 nations participating in the Uruguay Round signed on at its foundation, and the rest had to get membership).[56] The 27 states of the European Union are represented also as the European Communities. WTO members do not have to be full sovereign nation-members. Instead, they must be a customs territory with full autonomy in the conduct of their external commercial relations. Thus Hong Kong (as "Hong Kong, China" since 1997) became a GATT contracting party, and the Republic of China (ROC) (commonly known as Taiwan, whose sovereignty has been disputed by the People's Republic of China or PRC) acceded to the WTO in 2002 under the name of "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu" (Chinese Taipei).[57] The WTO Secretariat omits the official titles (such as Counselor, First Secretary, Second Secretary and Third Secretary) of the members of Chinese Taipei's Permanent Mission to the WTO, except for the titles of the Permanent Representative and Deputy Permanent Representative.[58]
A number of non-members (30) are observers at WTO proceedings and are currently negotiating their membership. The full list of WTO observers are:[59] 1. Afghanistan 2. Algeria 3. Andorra 4. Azerbaijan 5. The Bahamas 6. Belarus 7. Bhutan 8. Bosnia and Herzegovina 9. Comoros 10. Equatorial Guinea 11. Ethiopia 12. Islamic Republic of Iran 13. Iraq 14. Kazakhstan 15. Lao People's Democratic Republic, or Laos 16. Lebanese Republic 17. Liberia 18. Libyan Arab Jamahiriya 19. Montenegro 20. Russian Federation 21. Samoa 22. Sao Tomé and Principe 23. Serbia 24. Seychelles 25. Sudan 26. Syrian Arab Republic 27. Tajikistan 28. Uzbekistan 29. Vanuatu 30. Yemen
Russia is the biggest economy outside WTO and after the completion of Russia's accession, Iran would be the biggest economy outside the WTO.[60] With the exception of the Holy See, observers must start accession negotiations within five years of becoming observers. Some international intergovernmental organizations are also granted observer status to WTO bodies.[61] 14 states and 2 territories so far have no official interaction with the WTO.
Agreements
The WTO oversees about 60 different agreements which have the status of international legal texts. Member countries must sign and ratify all WTO agreements on accession.[62] A discussion of some of the most important agreements follows. The Agreement on Agriculture came into effect with the establishment of the WTO at the beginning of 1995. The AoA has three central concepts, or "pillars": domestic support, market access and export subsidies. The General Agreement on Trade in Services was created to extend the multilateral trading system to service sector, in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for merchandise trade. The Agreement entered into force in January 1995. The Agreement on Trade-Related Aspects of Intellectual Property Rights sets down minimum standards for many forms of intellectual property (IP) regulation. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994.
The Agreement on the Application of Sanitary and Phytosanitary Measures — also known as the SPS Agreement was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade, and entered into force with the establishment of the WTO at the beginning of 1995. Under the SPS agreement, the WTO sets constraints on members' policies relating to food safety (bacterial contaminants, pesticides, inspection and labelling) as well as animal and plant health (imported pests and diseases). The Agreement on Technical Barriers to Trade is an international treaty of the World Trade Organization. It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade, and entered into force with the establishment of the WTO at the end of 1994. The object ensures that technical negotiations and standards, as well as testing and certification procedures, do not create unnecessary obstacles to trade".[63] The Agreement on Customs Valuation, formally known as the Agreement on Implementation of Article VII of GATT, prescribes methods of customs valuation that Members are to follow. Chiefly, it adopts the "transaction value" approach.
Effectiveness
Developing countries
Critics contend that smaller countries in the WTO wield little influence, and despite the WTO aim of helping the developing countries, the politicians representing the most influential nations in the WTO (and within those countries or between them, influential private business interests) focus on the commercial interests of profit-making companies rather than the interests of all.[citation needed] Martin Khor argues that the WTO does not manage the global economy impartially, but in its operation has a systematic bias toward rich countries and multinational corporations, harming smaller countries which have less negotiation power. Some examples of this bias are: Rich countries are able to maintain high import duties and quotas in certain products, blocking imports from developing countries (e.g. clothing); The increase in non-tariff barriers such as anti-dumping measures allowed against developing countries; The maintenance of high protection of agriculture in developed countries while developing ones are pressed to open their markets; Many developing countries do not have the capacity to follow the negotiations and participate actively in the Uruguay Round; and The TRIPs agreement which limits developing countries from utilizing some technology that originates from abroad in their local systems (including medicines and agricultural products). Khor argues that developing countries have not benefited from the WTO Agreements of the Uruguay Round, and, therefore, the credibility of the WTO trade system could be eroded. According to Khor, "one of the major categories of 'problems of implementation of the Uruguay Round' is the way the Northern countries have not lived up to the spirit of their commitments in implementing (or not implementing) their obligations agreed to in the various Agreements."[2] Khor also believes that the Doha Round negotiations "have veered from their proclaimed direction oriented to a development-friendly outcome, towards a 'market access' direction in which developing countries are pressurised to open up their agricultural, industrial and services sectors."[3] Jagdish Bhagwati asserts however that there is greater tariff protection on manufacturers in the poor countries, which are also overtaking the rich nations in the number of anti-dumping filings.[4] [edit]
Labour and environment
Other critics claim that the issues of labor and environment are steadfastly ignored. Steve Charnovitz, former Director of the Global Environment and Trade Study (GETS), believes that the WTO "should begin to address the link between trade and labor and environmental concerns." He also argues that "in the absence of proper environmental regulation and resource management, increased trade might cause so much adverse damage that the gains from trade would be less than the environmental costs."[5] Further, labor unions condemn the labor rights record of developing countries, arguing that to the extent the WTO succeeds at promoting globalization, then in equal measure do the environment and labor rights suffer.[6] On the other side, Khor responds that "if environment and labor were to enter the WTO system [...] it would be conceptually difficult to argue why other social and cultural issues should also not enter." He also argues that "trade measures have become a vehicle for big corporations and social organizations in promoting their interests."[7] Bhagwati is also critical towards "rich-country lobbies seeking on imposing their unrelated agendas on trade agreements." According to Bhagwati, these lobbies and especially the "rich charities have now turned to agitating about trade issues with much energy understanding."[8] Therefore, both Bhagwati and Arvind Panagariya have criticized the introduction of TRIPs into the WTO framework, fearing that such non-trade agendas might overwhelm the organization's function. According to Panagariya, "taken in isolation, TRIPs resulted in reduced welfare for developing countries and the world as a whole."[9] Bhagwati asserts that "intellectual property does not belong in the WTO, since protecting it is simply a matter of royalty collection [...] The matter was forced onto the WTO's agenda during the Uruguay Round by the pharmaceutical and software industries, even though this risked turning the WTO into a glorified collection agency."[10] For a discussion on the incorporation of labor rights into the WTO, see The Recognition of Labour Standards within the World Trade Organization. [edit]
Decision making
Other critics have characterized the decision making in the WTO as over-simplified, ineffective, unrepresentative and non-inclusive; more active participants, representing more diverse interests and objectives, have complicated WTO decision-making, and the process of "consensus-building" has broken down. They argue that the GATT decision making worked in the past because there were fewer countries actively engaged and there was no compulsion for all countries to adhere to the results. They have thus proposed the establishment of a small, informal steering committee (a "consultative board") that can be delegated responsibility for developing consensus on trade issues among the member countries.[11] The Third World Network has called the WTO "the most non-transparent of international organisations", because "the vast majority of developing countries have very little real say in the WTO system".[12] Many non-governmental organizations, such as the World Federalist Movement, are calling for the creation of a WTO parliamentary assembly to allow for more democratic participation in WTO decision making.[13] Dr Caroline Lucas recommended that such an assembly "have a more prominent role to play in the form of parliamentary scrutiny, and also in the wider efforts to reform the WTO processes, and its rules".[14] However, Dr Raoul Marc Jennar argues that a consultative parliamentary assembly would be ineffective for the following reasons: It does not resolve the problem of "informal meetings" whereby industrialized countries negotiate the most important decisions; It does not reduce the de facto inequality which exists between countries with regards to an effective and efficient participation to all activities within all WTO bodies; It does not rectify the multiple violations of the general principles of law which affect the dispute settlement mechanism.[15] The lack of transparency is often seen as a problem for communism. Politicians can negotiate for regulations that would not be possible accepted in a democratic process in their own nations. "Some countries push for certain regulatory standards in international bodies and then bring those regulations home under the requirement of harmonization and the guise of multilateralism."[16] This is often referred to as Policy Laundering.
Directors-General
The Directors-General of the WTO have been:[64]
- Pascal Lamy, 2005–
- Supachai Panitchpakdi, 2002–2005
- Mike Moore, 1999–2002
- Renato Ruggiero, 1995–1999
- Peter Sutherland, 1995
The Directors-General of the precursor organization, GATT, were:
- Peter Sutherland, 1993–1995
- Arthur Dunkel, 1980–1993
- Olivier Long, 1968–1980
- Eric Wyndham White, 1948–1968
See also
- Agreement on Trade Related Investment Measures (TRIMS)
- Aide-mémoire non-paper
- Anti-globalization movement
- Foreign Affiliate Trade Statistics
- Global administrative law
- Globality
- Information Technology Agreement
- International Trade Centre
- Labour Standards in the World Trade Organisation
- List of countries not in the WTO
- North American Free Trade Agreement (NAFTA)
- Subsidy
- Swiss Formula
- Trade bloc
- Washington Consensus
- World Trade Report
- World Trade Organization Ministerial Conference of 1999 protest activity
Notes
- ^ General Information on Recruitment in the World Trade Organization, World Trade Organization
- ^ "WTO Secretariat budget for 2008". World Trade Organization. Retrieved 2008-08-25.
- ^ Overview of the WTO Secretariat All WTO staff are based in Geneva.
- ^ Understanding the WTO – what is the World Trade Organization?, World Trade Organization
- ^ Malanczuk, P. (1999). "World Trade Organization". Encyclopaedia Britannica. Vol. 442. p. 305. Bibcode:1999ESASP.442..305M.
{{cite encyclopedia}}
:|journal=
ignored (help) - ^ European Commission The Doha Round
- ^ Members and Observers WTO official site
- ^ Hart, Jeffrey A (2010). The politics of international economic relations (7th ed. ed.). Boston, MA: Wadsworth Cengage Learning. ISBN 0534602746.
{{cite book}}
:|edition=
has extra text (help) - ^ A.E. Eckes Jr., US Trade History, 73
* A. Smithies, Reflections on the Work of Keynes, 578–601
* N. Warren, Internet and Globalization, 193 - ^ P. van den Bossche, The Law and Policy of the World Trade Organization, 80
- ^ Palmeter-Mavroidis, Dispute Settlement, 2
- ^ Fergusson, Ian F. (9 May 2007). "The World Trade Organization: Background and Issues" (PDF). Congressional Research Service. p. 4. Retrieved 2008-08-15.
- ^ It was contemplated that the GATT would be applied for several years until the ITO came into force. However, since the ITO was never brought into being, the GATT gradually became the focus for international governmental cooperation on trade matters (P. van den Bossche, The Law and Policy of the World Trade Organization, 81; J.H. Jackson, Managing the Trading System, 134).
- ^ a b The GATT Years: from Havana to Marrakesh, World Trade Organization
- ^ M.E. Footer, Analysis of the World Trade Organization, 17
- ^ B.S. Klapper, With a "Short Window"
- ^ Lula, Time to Get Serious about Agricultural Subsidies
- ^ a b c P. Gallagher, The First Ten Years of the WTO, 4
- ^ a b The Uruguay Round, World Trade Organization
- ^ "The GATT Uruguay Round". ODI briefing paper, November 1987. Overseas Development Institute. Retrieved 30 June 2011.
- ^ "Legal texts – Marrakesh agreement". WTO. Retrieved 2010-05-30.
- ^ Overview: a Navigational Guide, World Trade Organization. For the complete list of "The Uruguay Round Agreements", see WTO legal texts, World Trade Organization, and Uruguay Round Agreements, Understandings, Decisions and Declarations, WorldTradeLaw.net
- ^ "Five Years of China WTO Membership. EU and US Perspectives about China's Compliance with Transparency Commitments and the Transitional Review Mechanism". Papers.ssrn.com. Retrieved 2010-05-30.
- ^ WTO to hold 7th Ministerial Conference on 30 November-2 December 2009 WTO official website
- ^ "In the twilight of Doha" (Document). The Economist. July 27, 2006. p. 65.
{{cite document}}
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ignored (help); Unknown parameter|work=
ignored (help) - ^ The Doha Development Agenda, European Commission
- ^ Fergusson, Ian F. (2008-01-18). "World Trade Organization Negotiations: The Doha Development Agenda" (PDF). Congressional Research Service. Retrieved 2008-07-26.
- ^ The GATT years: from Havana to Marrakesh, World Trade Organization
- ^ Timeline: World Trade Organization – A chronology of key events, BBC News
- ^ Brakman-Garretsen-Marrewijk-Witteloostuijn, Nations and Firms in the Global Economy, Chapter 10: Trade and Capital Restriction
- ^ Functions of the WTO, IISD
- ^ a b Main Functions, World Trade Organization
- ^ a b A Bredimas, International Economic Law, II, 17
- ^ a b C. Deere, Decision-making in the WTO: Medieval or Up-to-Date?
- ^ WTO Assistance for Developing Countries[dead link ], World Trade Organization
- ^ Economic research and analysis, World Trade Organization
- ^ a b c B. Hoekman, The WTO: Functions and Basic Principles, 42
- ^ a b c Principles of the Trading System, World Trade Organization
- ^ a b B. Hoekman, The WTO: Functions and Basic Principles, 43
- ^ a b B. Hoekman, The WTO: Functions and Basic Principles, 44
- ^ a b "Fourth level: down to the nitty-gritty". World Trade Organization. Retrieved 2008-08-18.
- ^ "Intellectual property – overview of TRIPS Agreement". Wto.org. 1994-04-15. Retrieved 2010-05-30.
- ^ "The Services Council, its Committees and other subsidiary bodies". World Trade Organization. Retrieved 2008-08-14.
- ^ "The Trade Negotiations Committee". World Trade Organization. Retrieved 2008-08-14.
- ^ "WTO organization chart". World Trade Organization. Retrieved 2008-08-14.
- ^ Steinberg, Richard H. "In the Shadow of Law or Power? Consensus-based Bargaining and Outcomes in the GATT/WTO." International Organization. Spring 2002. pp. 339–374.
- ^ Stewart-Dawyer, The WTO Dispute Settlement System, 7
- ^ S. Panitchpakdi, The WTO at ten, 8.
- ^ Settling Disputes:a Unique Contribution, World Trade Organization
- ^ "Disputes - Dispute Settlement CBT - WTO Bodies involved in the dispute settlement process - The Dispute Settlement Body (DSB) - Page 1". WTO. 1996-07-25. Retrieved 2011-05-21.
- ^ a b Accessions Summary, Center for International Development
- ^ The shortest accession negotiation was that of the Kyrgyz Republic, while the longest was that of the People's Republic of China (P. Farah, Five Years of China's WTO Membership, 263–304). Russia, having first applied to join GATT in 1993, is still in negotiations for membership. Recently, it secured a bilateral trade agreement with the EU and US (Accessions: Russian Federation, World Trade Organization; Factsheet on U.S. – Russia WTO Bilateral Market Access Agreement[dead link ], Office of the United States Trade Representative; Russia – WTO: EU-Russia Deal Brings Russia a Step Closer to WTO Membership[dead link ], European Commission). Moldova and Georgia are the remaining two nations that Russia must make agreements with to enter the WTO (A. Aslund, Russia's WTO Accession; V. Novostei, USA OKs Russia’s Entry into WTO, Pravda. Ru).
- ^ a b C. Michalopoulos, WTO Accession, 64 Cite error: The named reference "M64" was defined multiple times with different content (see the help page).
- ^ a b Membership, Alliances and Bureaucracy, World Trade Organization
- ^ How to Become a Member of the WTO, World Trade Organization
- ^ For an updated list of WTO members, see Members and Observers[dead link ], World Trade Organization
- ^ J.H. Jackson, Sovereignty, 109
- ^ ROC Government Publication
- ^ [WTO]
- ^ "Letter of Demand". Iran Trade Law. 2005-05-26. Retrieved 2010-05-30.
- ^ International Intergovernmental Organizations Granted Observer Status to WTO Bodies, World Trade Organization
- ^ "Legal texts – the WTO agreements". WTO. Retrieved 2010-05-30.
- ^ "A Summary of the Final Act of the Uruguay Round". Wto.org. Retrieved 2010-05-30.
- ^ "Previous GATT and WTO Directors-General". WTO. Retrieved 2011-05-21.
External links
- Official WTO pages
- Official WTO homepage
- Template:PDFlink — Highlights of the first decade, Annual Report 2005 pages 116–166
- International Trade Centre — joint UN/WTO agency
- Government pages on the WTO
- Media pages on the WTO
- World Trade Organization
- BBC News — Profile: WTO
- Guardian Unlimited — Special Report: The World Trade Organisation ongoing coverage
- Non-governmental organization pages on the WTO
- Gatt.org — Parody of official WTO page by The Yes Men
- Public Citizen
- Transnational Institute: Beyond the WTO