1、Introduction to the WTO,Visit to the WTO Study Tour Russian Member Universities of UNCTADs Vi Network 14 April 2010Gerardo T. Thielen Counsellor Institute for Training and Technical Cooperation gerardo.thielenwto.org,2,From GATT to WTO,From a provisional agreement to an Organisation: Havana Charter
2、GATT (1 January 1948 31 December 1995) 23 Contracting Parties 123 8 Rounds of Negotiations WTO (1 January 1995),3,WTO: GATT negotiations,4,GATT-WTO: Comparison,GATT,5,WTO: What is it?,An international Organization:Organization created by the Marrakesh Agreement Sui generis organisation (independent
3、from the United Nation system) Replaces the GATT (created in 1947),6,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,WTO: What is its purpose?,7,WTO Func
4、tions: Administer and implement the WTO agreements Forum for negotiations Administer Settlement of Disputes Administer Trade Policy Review Mechanism Technical Assistance to developing countries,WTO: What is its purpose?,8,Scope of the WTO “The WTO shall provide the common institutional framework for
5、 the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to the Marrakesh Agreement.” Marrakesh Agreement Art.II.1 Multilateral Trade Agreements Marrakesh Agreement Art.II.2 Plurilateral Trade Agreements Marrakesh
6、 Agreement Art.II.3,WTO: What is its purpose?,9,Set of rulesThe 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,WTO: How does it wo
7、rk?,10,Marrakesh Agreement,Annex 1 Annex 1A Agreement on Trade in Goods General Interpretative Note GATT 1994- 6 Understandings (on the interpretation of various GATT provisions)- Marrakesh Protocol to the GATT 1994 + Schedules of Tariff Concessions Specific Agreements (11) Annex 1B Agreement on Tra
8、de in Services (GATS) Schedules of specific commitments MFN exemptions Annex 1C Trade-related aspects of Intellectual Property Rights (TRIPS)! Refer also to pertinent Convention on Intellectual Property Rights (WIPO),11,Annex 2 Understanding on Rules and Procedures Governing the Settlement of Disput
9、es Annex 3 Trade Policy Review Mechanism Annex 4 Plurilateral Trade AgreementsDecisions and Declarations adopted at Marrakesh Decisions and Declarations adopted afterwards (- Evolving legal framework)Agreements hierarchy,Marrakesh Agreement,12,WTO: Agreements Hierarchy,?,?,13,Ministerial Conference,
10、Secretariat,Appellate Body,Dispute Settlement Panels,Committees,Committees,Goods Council,Services Council,TRIPS Council,CTD (Development) CTE (Environment) CRTA (Regionalism) BOP Budget WG (Accessions, Investment, competition, Government Procurement),General Council,TPRB,DSB,Director-General,WTO: Ho
11、w does it work?,WTO Structure,14,Secretariat About 750 staff Headed by a Director-General (DG) Budget 2009: 190 millions Swiss francs + extra-budgetary funds (about 24 millions Swiss francs),WTO: How does it work?,15,Members Established by the Marrakesh Agreement 153 Members. Members can be States o
12、r separate customs territory possessing full autonomy in the conduct of its external commercial relations Membership is delivered after an accession procedure (around 30 candidates),WTO: How does it work?,16,Decision making Member-driven organisation Consensus (GATT practice), even if voting procedu
13、res exist Consensus when no Member formally object to a decision “Negative” consensus,WTO: How does it work?,17,MeetingsType of meetings (formal, informal, special sessions, consultations, multi- /pluri- /bilateral)All WTO Bodies open to all Members (specificities for panels and Appellate Body),WTO:
14、 How does it work?,18,Decisions, Declarations,WTO Coverage,19, 3rd Protocol (1995),Decisions, Declarations, 2nd, 5th Protocol (1995, 1997), 4th Protocol (1997),WTO Coverage,20,Decisions, Declarations,WTO Coverage,21,Evolution of WTO framework,Decisions and Declarations (few examples) 1996 Singapore
15、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
16、Agenda,22,Doha Development Agenda,14 Nov. 2001: Doha Ministerial Declaration Define the mandate for the negotiations on various topics as well as other work (implementation) 1 Feb. 2002: First TNC Meeting Establish the structure and the main principles for the negotiation,23,Doha Development Agenda,
17、14 Nov. 2001: Doha Ministerial Declaration Define the mandate for the negotiations on various topics as well as other work (implementation) 47. . the conduct, conclusion and entry into force of the outcome of the negotiations shall be treated as parts of a single undertaking. .(DDA, paragraph 47)Sin
18、gle undertaking: “Nothing is agreed until everything is agreed”,24,Doha,Doha: Work Programme,Implementation (12) Agriculture (13-14) Services (15) Market Access for Non-Agricultural Products (16) TRIPS (17-19) Trade and Investment (20-22) Trade and Competition Policy (23-25) Transparency in Governme
19、nt Procurement (26) Trade Facilitation (27) WTO Rules (28-29) Dispute Settlement (30) Trade and Environment (31-32) Electronic Commerce (34) Small Economies (35) Trade, Debt and Finance (36) Trade and Transfer of Technology (37) Technical Cooperation and Capacity Building (38-41) Least-Developed Cou
20、ntries (42-43) Special and Differential Treatment (44),25,Doha Negotiations: Structure,General Council,Trade Negotiations Committee Chairman: WTO DG (ex officio),Goods,Services,TRIPS,Other Issues,AgricultureNAMA (*),- Services,- Geographical Indications,Dispute SettlementDevelopmentEnvironmentRules
21、(*),Negotiating groups meet during special sessions of existing WTO bodies, at the exception of (*) for which new Negotiating Groups have been created.,Trade Facilitation (*)Cotton,July Decision,26,Doha Development Agenda,14 Sep. 2003: Cancun Ministerial Statement Mid-term review : Existence of impo
22、rtant divergences and delays in relation with program established at Doha Dec. 2003: General Council Decision Priority given to four issues: Agriculture (modalities) Non agricultural Market Access NAMA (modalities) Singapore issues Cotton (initiative from 4 African countries),27,1 August 2004: Adopt
23、ion of the July Package Negotiations start again ( framework ) Singapore issues clarified (only trade facilitation included in Doha Round). Cotton issue included in agricultural negotiations (Subcommittee),Doha Development Agenda,28,Doha Development Agenda,Dec. 2005: Hong Kong Ministerial Declaratio
24、n Limited Progress but in the right direction Deadline for all agricultural export subsidies Agreement on cotton Duty-free/quota-free access for the 32 LDC Members Agriculture and NAMA: framework for full modalities Progress in relation with services negotiations,29,Doha Development Agenda,June 2006
25、: Decision on transparency for RTAs July 2006: Negotiations suspended December 2006: General Council Decision on transparency for RTAs February 2007: DG: “We have resumed negotiations fully across the board”,30,Doha Development Agenda,April 2008: DG signals start of “horizontal process” May 2008: Se
26、rvices Chair issues report and draft text Since July 2007: Draft texts, and revisions, on modalities for Agriculture and NAMA circulated by the chairmen(2008.2009.2010),31,Doha Development Agenda,March 2010: “We are not where we wanted to be by now”Informal consultations (regional groups, small grou
27、ps 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, b
28、ut 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. Next steps: mix of technical and political preparations to start devising the conto
29、urs 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 (transparenc
30、y 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,
