中国矿业大学 文法学院教案 Chapter 8: World Trade organization 通过本章教学,要求同学们了解WTO的发展历史、法律地位、运 教学目的及要求行机制和宏观法律框架,掌握WO基本原则、反倾销法律制度、补贴 与反补贴措施、保障措施和一些重要的非关税措施以及WTO的争端解 决机制。 要求同学们掌握的内容为本章的教学重点,即如下内容 ①WTO基本原则 教学重点②反倾销制度、补贴与反补贴措施、保障措施 ③技术性贸易壁垒等非关税措施 ④WTO的争端解决机制。 ①反倾销制度、补贴与反补贴措施、保障措施 教学难点②技术性贸易措施等非关税措施 教学内容及文本演示 课外阅读法条课堂讨论 Section 1 general introduction to wto Section 2: Major Principles of wto 1.WTO第一案 Section 3. GATT Exceptions 2.1998年海龟案 Section 4. Anti-dumping Multilateral Section5. Subsidies and countervailing Agreements on Trade measures in goods Section6. Safeguards 3中国入世第一案 Section 7. Non-tariff measures Section 8. Gats GATs Section 9. Dispute settlement DSU 本章思考题: 针对国外的技术性贸易壁垒我国在对外贸易中应采取的措施 2.wTO争端解决机制的不足与完善
1 中 国 矿 业 大 学 文 法 学 院 教 案 Chapter 8：World Trade Organization 教学目的及要求 通过本章教学，要求同学们了解 WTO 的发展历史、法律地位、运 行机制和宏观法律框架，掌握 WTO 基本原则、反倾销法律制度、补贴 与反补贴措施、保障措施和一些重要的非关税措施以及 WTO 的争端解 决机制。 教 学 重 点 要求同学们掌握的内容为本章的教学重点，即如下内容： ①WTO 基本原则； ②反倾销制度、补贴与反补贴措施、保障措施； ③技术性贸易壁垒等非关税措施； ④WTO 的争端解决机制。 教 学 难 点 ①反倾销制度、补贴与反补贴措施、保障措施； ②技术性贸易措施等非关税措施； 教 学 内 容 及 文 本 演 示 课外阅读法条 课 堂 讨 论 Section 1. General Introduction to WTO Section 2: Major Principles of WTO Multilateral Agreements on Trade in Goods 1. WTO 第一案 Section 3. GATT Exceptions 2. 1998 年海龟案 Section 4. Anti-dumping Section5. Subsidies and countervailing measures Section6. Safeguards 3.中国入世第一案 Section 7. Non-tariff measures Section 8. GATS GATS Section 9. Dispute settlement DSU 本章思考题： 1. 针对国外的技术性贸易壁垒我国在对外贸易中应采取的措施。 2. WTO 争端解决机制的不足与完善
Chapter 8: World Trade organization Section 1 general Introduction to wto Section 2. Major Principles of wto Section 3. GATT Exceptions 9 Section 4. Anti-dumping 99 Section 5. Subsidies and countervailing measures Section 6. Safeguards 9 Section 7. Non-tariff measures Section 8. GATS ection 9 Dispute settlement Section 1: The Creation of wto e I A Brief History of GATT II. The Differences and Relations Between WTO and GATT 9 II. Nature Ⅳ. Objectives ●V. Main functions e VI Structure(Main Organs) 6Ⅶ Decision- making Ⅷ. Legal framework I. A Brief History of Gatt The WTos predecessor, the gatt, was established on a provisional basis after the second world war in the wake of other new multilateral institutions dedicated to international economic cooperation-notably the Bretton Woods institutions now known as the world bank and the International monetary Fund The original 23 GaTt countries were among over 50 which agreed a draft Charter for an International Trade organization to)-a new specialized agency of the United Nations. The Charter was intended to provide not only world trade disciplines but also contained rules relating to employ ment, commodity agreements, restrictive business practices, interna tional investment and services. 2
2 Chapter 8：World Trade Organization Section 1. General Introduction to WTO Section 2. Major Principles of WTO Section 3. GATT Exceptions Section 4. Anti-dumping Section 5. Subsidies and countervailing measures Section 6. Safeguards Section 7. Non-tariff measures Section 8. GATS Section 9. Dispute settlement Section 1: The Creation of WTO Ⅰ. A Brief History of GATT Ⅱ.The Differences and Relations Between WTO and GATT Ⅲ. Nature Ⅳ. Objectives Ⅴ. Main functions Ⅵ. Structure (Main Organs) Ⅶ. Decision-making Ⅷ. Legal Framework I. A Brief History of GATT The WTO's predecessor, the GATT, was established on a provisional basis after the Second World War in the wake of other new multilateral institutions dedicated to international economic cooperation - notably the "Bretton Woods" institutions now known as the World Bank and the International Monetary Fund. The original 23 GATT countries were among over 50 which agreed a draft Charter for an International Trade Organization (ITO) - a new specialized agency of the United Nations. The Charter was intended to provide not only world trade disciplines but also contained rules relating to employment, commodity agreements, restrictive business practices, international investment and services
In an effort to give an early boost to trade liberaliza tion after the second world War-and to begin to correct the large overhang of protectionist measures which remained in place from the early 1930s- tariff negotiations were opened among the 23 founding gatt contracting parties" in 1946. This first round of negotiations resulted in 45,000 tariff concessions affecting sio billion -or about one-fifth- of world trade. It was also agreed that the value of these concessions should be protected by early-and largely provisional"-acceptance of some of the trade rules in the draft ito charter. The tariff cessions and rules together became known as the general agreement on tariffs and trade and entered into force in January 1948 Although the Ito Charter was finally agreed at a UN Conference on Trade and Employment in Havana in March 1948 ratification in national legislatures proved impossible in some cases. When the United Statesgovernment announced, in 1950, that it would not seek Congressional ratification of the Havana Charter, the Ito was effectively dead. Despite its provisional nature, the GATT remained the only multilateral instrument governing international trade from 1948 until the establishment of the Wto Alth its 47 years, the basic legal text of the gatt remained much as it was in 1948, there were additions in the form of plurilateral.voluntary membership-agreemen ts and continual efforts to reduce tariffs. Much of this was achieved through a series of trade rounds There were altogether 8 rounds of negotiations under gatt. the last one was the Uruguay round which created a new system-WTO After 8 years of negotia tion every issue was fina lly resolved in 1992, and on 15 April 1994, the deal was signed by ministers from most of the 125 participating governments at a meeting in Marrakesh马拉克什, Morocco摩洛哥. In accordance with WTO Agreement Marrakesh Agreement Establishing the World Trade organization), WTO came into being on January 1, 1995.WTO is One of the youngest of the interna tional organizations, and the only global international organization dealing with the rules of trade between nations II. The Differences Between WTo and GATT The World Trade organization is not a simple extension of GATT; on the contrary, it completely replaces its predecessor and has a very different character. Among the principal differences are the following: I, The gatt was a set of rules, a multilateral agreement, with no institutional
3 In an effort to give an early boost to trade liberalization after the Second World War - and to begin to correct the large overhang of protectionist measures which remained in place from the early 1930s - tariff negotiations were opened among the 23 founding GATT "contracting parties" in 1946. This first round of negotiations resulted in 45,000 tariff concessions affecting $10 billion - or about one-fifth - of world trade. It was also agreed that the value of these concessions should be protected by early - and largely "provisional" - acceptance of some of the trade rules in the draft ITO Charter. The tariff concessions and rules together became known as the General Agreement on Tariffs and Trade and entered into force in January 1948. Although the ITO Charter was finally agreed at a UN Conference on Trade and Employment in Havana in March 1948 ratification in national legislatures proved impossible in some cases. When the United States' government announced, in 1950, that it would not seek Congressional ratification of the Havana Charter, the ITO was effectively dead. Despite its provisional nature, the GATT remained the only multilateral instrument governing international trade from 1948 until the establishment of the WTO. Although, in its 47 years, the basic legal text of the GATT remained much as it was in 1948, there were additions in the form of "plurilateral" - voluntary membership - agreements and continual efforts to reduce tariffs. Much of this was achieved through a series of "trade rounds". There were altogether 8 rounds of negotiations under GATT. The last one was the Uruguay Round which created a new system—WTO . After 8 years of negotiation, every issue was finally resolved in 1992, and on 15 April 1994, the deal was signed by Ministers from most of the 125 participating governments at a meeting in Marrakesh 马拉克什, Morocco 摩洛哥. In accordance with WTO Agreement (Marrakesh Agreement Establishing the World Trade Organization), WTO came into being on January 1,1995.WTO is One of the youngest of the international organizations, and the only global international organization dealing with the rules of trade between nations Ⅱ.The Differences Between WTO and GATT The World Trade Organization is not a simple extension of GATT; on the contrary, it completely replaces its predecessor and has a very different character. Among the principal differences are the following: 1、The GATT was a set of rules, a multilateral agreement, with no institutional
foundation, only a small associated secretariat which had its origins in the attempt to establish an International Trade organ ization in the 1940s. The WTo is a permanent institution with its own secretariat 2, The gatt was applied on a provisional basis"even if, after more than forty nt. The wto commitments are full and permanent. 3, The gatt rules applied to trade in merchandise goods. In addition to goods, the wto covers trade in services and trade-related aspects of intellectual property. 4, While gatt was a multilateral instrument, by the 1980s many new agreements had been added of a plurilateral, and therefore selective, nature. The agreements which constitute the wto are almost all multilateral and. thus involve commitments for the entire membership. 5 The wto dispute settlement system is faster, more auto matic, and thus much less susceptible to blockages, than the old gatt system. The implementation of wto dispute findings will also be more easily assured. After wto came into being on I January 1995, GaTT lives on as GATT 1994", the amended and up-dated version of Gatt 1947, which is an integral part of the wto agreement and which continues to provide the key disciplines affecting international trade in goods
4 foundation, only a small associated secretariat which had its origins in the attempt to establish an International Trade Organization in the 1940s. The WTO is a permanent institution with its own secretariat. 2、The GATT was applied on a "provisional basis" even if, after more than forty years, governments chose to treat it as a permanent commitment. The WTO commitments are full and permanent. 3、The GATT rules applied to trade in merchandise goods. In addition to goods, the WTO covers trade in services and trade-related aspects of intellectual property. 4、 While GATT was a multilateral instrument, by the 1980s many new agreements had been added of a plurilateral, and therefore selective, nature. The agreements which constitute the WTO are almost all multilateral and, thus, involve commitments for the entire membership. 5、The WTO dispute settlement system is faster, more automatic, and thus much less susceptible to blockages, than the old GATT system. The implementation of WTO dispute findings will also be more easily assured. After WTO came into being on 1 January 1995, GATT lives on as "GATT 1994", the amended and up-dated version of GATT 1947, which is an integral part of the WTO Agreement and which continues to provide the key disciplines affecting international trade in goods
Section 2 The mechanism of wto I Nature> Ⅱ. Objectives 亚. Main function Iv Structure(Main Organs)> V. Decision-making> °. Legal framework> °Ⅶ. The outline for wto agreements> l Nature .The World Trade Organization (WTO) is the only global interna tional organization dealing with the rules of trade between nations. at its heart are the wTO agreements, negotiated and signed by the bulk of the world,s tradi nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business. It's a rules-based member-driven organiza tion all decisions are made by the member governments, and the rules are the outcome of negotiations among members 正. Objectives 1. To raise standards of living: Relations among members of the wto in the field of trade and economic endeavour should be conducted with a view to raising the standards of living of their populations. 2.To ensure full employment .3. Growing volume of real income and effective demand to promote the steady growth of real incomes and effective demand in their markets, .4.Expanding the production of and trade in goods services °5 Sustainable development(可持续发展) and environmental protection:whil
5 Section 2: The Mechanism of WTO •Ⅰ. Nature > •Ⅱ. Objectives> •Ⅲ. Main functions> •Ⅳ. Structure (Main Organs)> •Ⅴ. Decision-making> •Ⅵ. Legal Framework> •Ⅶ. The outline for WTO agreements> Ⅰ. Nature •The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business. It’s a rules-based, member-driven organization — all decisions are made by the member governments, and the rules are the outcome of negotiations among members. Ⅱ. Objectives •1. To raise standards of living : Relations among Members of the WTO in the field of trade and economic endeavour should be conducted with a view to raising the standards of living of their populations. •2.To ensure full employment •3.Growing volume of real income and effective demand : to promote the steady growth of real incomes and effective demand in their markets, •4.Expanding the production of and trade in goods & services : •5.Sustainable development（可持续发展） and environmental protection :while
allowing for the optimal use of the worlds reserves in accordance with the objective of sustainable development, and protecting and preserving the environment。 6 Developing countries; in a manner consistent with the respective needs and concerns of Members at different levels of development. 世贸组织的目的是:为了提高生活水平,保证充分就业,扩大生产和贸易,保护和维护环境 寻求对世界资源的最佳利用,实现可持续发展的目标,保证发展中国家、特别是最不发达国 家“在国际贸易增长中获得与其经济发展需要相当的份额”。 团 Main functions 1. Implementation, administration and operation of the covered agreements .The wto facilitates the implementation, administra tion and operation of the wtO Agreement and the multilateral trade agreements and furthers their objectives. It also prov ides the framework, for those of its Members that have accepted them, for the implementation, administration and operation of the Plurilateral trade agreements.世贸组织的重要职能之一是负责世贸组织各项协定和 多边协议的履行、管理和实施,并促进其目标的实现:此外,还为已接受世贸组织各项协定 或协议的成员方提供了执行、管理与运作的多边贸易合作框架。 2 Forum for negotiations发挥谈判论坛的作用 .The wto provides the forum for negotiations on multilateral trade relations in matters covered by its various agreements. It may also, on decision by the Ministerial Conference, provide a forum for further negotiations, and a framework for the implementation of their results, on other issues arising in the multilateral trade relations among its members.世贸组织还为成员方之间开展多边 贸易谈判和磋商提供了一个适宜的论坛:此外,它还根据部长级会议决定为进一步谈判提供 了一个论坛,为执行谈判结果提供了框架,为解决各成员方之间在多边贸易关系发展中的其 它问题提供了有效的途径 3 Dispute settlement协调和解决贸易争端 .The Wto administers the integrated dispute settlement system, which is a central element in providing security and predictability to the multilateral trading system, serving to preserve the rights and obligations of the members of the wto.。世贸组织管理《WTO协议》附件2(即《关于争端解决规则与程序的谅解》) 所列的安排,解决成员问可能产生的贸易争端。为解决各成员方之间在货物贸易、服务贸易
6 allowing for the optimal use of the world's reserves in accordance with the objective of sustainable development, and protecting and preserving the environment。 • 6.Developing countries :in a manner consistent with the respective needs and concerns of Members at different levels of development. 世贸组织的目的是：为了提高生活水平，保证充分就业，扩大生产和贸易，保护和维护环境， 寻求对世界资源的最佳利用，实现可持续发展的目标，保证发展中国家、特别是最不发达国 家“在国际贸易增长中获得与其经济发展需要相当的份额”。 Ⅲ. Main functions •1.Implementation, administration and operation of the covered agreements •The WTO facilitates the implementation, administration and operation of the WTO Agreement and the Multilateral Trade Agreements, and furthers their objectives. It also provides the framework, for those of its Members that have accepted them, for the implementation, administration and operation of the Plurilateral Trade Agreements. 世贸组织的重要职能之一是负责世贸组织各项协定和 多边协议的履行、管理和实施，并促进其目标的实现；此外，还为已接受世贸组织各项协定 或协议的成员方提供了执行、管理与运作的多边贸易合作框架。 • • 2.Forum for negotiations 发挥谈判论坛的作用 •The WTO provides the forum for negotiations on multilateral trade relations in matters covered by its various agreements. It may also, on decision by the Ministerial Conference, provide a forum for further negotiations, and a framework for the implementation of their results, on other issues arising in the multilateral trade relations among its Members. 世贸组织还为成员方之间开展多边 贸易谈判和磋商提供了一个适宜的论坛：此外，它还根据部长级会议决定为进一步谈判提供 了一个论坛，为执行谈判结果提供了框架，为解决各成员方之间在多边贸易关系发展中的其 它问题提供了有效的途径。 • 3.Dispute settlement 协调和解决贸易争端 •The WTO administers the integrated dispute settlement system, which is a central element in providing security and predictability to the multilateral trading system, serving to preserve the rights and obligations of the Members of the WTO.。世贸组织管理《WTO 协议》附件 2（即《关于争端解决规则与程序的谅解》） 所列的安排，解决成员问可能产生的贸易争端。为解决各成员方之间在货物贸易、服务贸易
和知识产权等领域发生的争端,制定了一套有效的解决机制。这为保证多边贸易体制和提高 其预见性发挥了核心作用,并有利于该组织各成员方权利与义务的保护与执行 4. Review of national trade policies .The Wto administers the trade policy review mechanism, which is designed to contribute to greater transparency and understanding of the trade policies and practices of wTo Members, to their improved adherence to the rules, disciplines and commitments of the multilateral trading system, and hence to the smoother functioning of the system.审议和监督各成员方的贸易政策。世贸组织管理 《WTO协议》附件3(即《贸易政策审议机制》)所列的安排,负责对各成员方国内贸易政 策进行审议和监督。该审议制度是为了使各成员方对贸易政策和措施增加更大的透明度和更 清楚的了解而制定的,使其保持与全球性经济政策与制度的统一性,促进各成员方坚持多边 贸易体制的原则、规则,实现所作出的承诺,从而保证世贸组织的顺利运行。 5 Coherence in global economic policy-making .A Ministerial Declaration adopted at the marrakesh Ministerial Meeting recognizes the role of trade liberalization in achieving greater coherence in global economic policy-making. For this purpose the WTO cooperates, as appropriate, with the International Monetary Fund and with the world Bank.贸易自由化对实 现全球经济决策更大的统一性发挥着重要作用,为保证全球经济决策一致性,必须与国际货 币基金组织(IMF)和世界银行进行必要的合作 1. Structure(Main Organs) Ministerial Conference The Ministerial Conference is the supreme body of the WTO, composed of representatives of all Members, with the authority to carry out the functions of the wto, take the actions necessary to this effect, and take decisions on matters under any of the Multilateral Trade agreements if so requested by a Member. The ministerial Conference is to meet at least once every two years. · General Council The day to day business of the wto is conducted by the general council, also composed of representatives of all wTO Members, which meets on a regular basis(normally once every two months). The General Council acts on behalf of the ministerial Conference in the periods between its meetings, and reports directly to it Dispute settlement bod
7 和知识产权等领域发生的争端，制定了一套有效的解决机制。这为保证多边贸易体制和提高 其预见性发挥了核心作用，并有利于该组织各成员方权利与义务的保护与执行。 • 4.Review of national trade policies •The WTO administers the Trade Policy Review Mechanism, which is designed to contribute to greater transparency and understanding of the trade policies and practices of WTO Members, to their improved adherence to the rules, disciplines and commitments of the multilateral trading system, and hence to the smoother functioning of the system. 审议和监督各成员方的贸易政策。世贸组织管理 《WTO 协议》附件 3（即《贸易政策审议机制》）所列的安排，负责对各成员方国内贸易政 策进行审议和监督。该审议制度是为了使各成员方对贸易政策和措施增加更大的透明度和更 清楚的了解而制定的，使其保持与全球性经济政策与制度的统一性，促进各成员方坚持多边 贸易体制的原则、规则，实现所作出的承诺，从而保证世贸组织的顺利运行。 • 5.Coherence in global economic policy-making •A Ministerial Declaration adopted at the Marrakesh Ministerial Meeting recognizes the role of trade liberalization in achieving greater coherence in global economic policy-making. For this purpose, the WTO cooperates, as appropriate, with the International Monetary Fund and with the World Bank. 贸易自由化对实 现全球经济决策更大的统一性发挥着重要作用，为保证全球经济决策一致性，必须与国际货 币基金组织（IMF）和世界银行进行必要的合作。 Ⅳ. Structure (Main Organs) • Ministerial Conference •The Ministerial Conference is the supreme body of the WTO, composed of representatives of all Members, with the authority to carry out the functions of the WTO, take the actions necessary to this effect, and take decisions on matters under any of the Multilateral Trade Agreements if so requested by a Member. The Ministerial Conference is to meet at least once every two years. • General Council •The day to day business of the WTO is conducted by the General Council, also composed of representatives of all WTO Members, which meets on a regular basis (normally once every two months). The General Council acts on behalf of the Ministerial Conference in the periods between its meetings, and reports directly to it. • Dispute Settlement Body
.The general Council acts also as the dispute Settlement Body sb), which has its own Chairman and its own rules of procedure, to discharge the functions assigned to the dsB under the dispute Settlement Understanding Trade policy review body .The general council meets also as the Trade policy review body, which again has its own Chairman and rules of procedure, to carry out the review of Members' trade policies and practices, as provided for in the trade policy Review mechanism Councils Three sectoral councils have been es tablished for goods. services and triPs matters,respectively. These Councils, operating under the general guidance of the general Council, carry out the responsibilities assigned to them by their respective agreements and by the general Council; they meet as necessary to carry out their functions; and they are open to representatives of all wto Members. They may also estab lish su bsidiary bodies, such as co mmittees and working parties. Council for Trade in Goods: The Council for Trade in Goods oversees the functioning of the multilateral agreements on trade in goods. These include the General Agreement on Tariffs and Trade (gatt and related Understandings, and twelve other agreements, as contained in Annex la to the WTOAgreement Council for Trade in Services The Council for Trade in Services oversees the functioning of the general agreement on Trade in Services( GAtS) Council for TRIPs: The Council for TRIPs oversees the function ing of the agreement on Trade-Related Aspects of Intellectual Property rights(triPs greement). Committees and other subsidiary bodies .Three main committees are established by the wto agreement: the committee on Trade and development the Committee on Balance-of-Payments Restrictions
8 •The General Council acts also as the Dispute Settlement Body (DSB), which has its own Chairman and its own rules of procedure, to discharge the functions assigned to the DSB under the Dispute Settlement Understanding. • Trade Policy Review Body •The General Council meets also as the Trade Policy Review Body, which again has its own Chairman and rules of procedure, to carry out the review of Members' trade policies and practices, as provided for in the Trade Policy Review Mechanism. •Councils •Three sectoral councils have been established for goods, services and TRIPs matters, respectively. These Councils, operating under the general guidance of the General Council, carry out the responsibilities assigned to them by their respective agreements and by the General Council; they meet as necessary to carry out their functions; and they are open to representatives of all WTO Members. They may also establish subsidiary bodies, such as committees and working parties. • Council for Trade in Goods : The Council for Trade in Goods oversees the functioning of the multilateral agreements on trade in goods. These include the General Agreement on Tariffs and Trade (GATT) and related Understandings, and twelve other agreements, as contained in Annex 1A to the WTO Agreement. •Council for Trade in Services : The Council for Trade in Services oversees the functioning of the General Agreement on Trade in Services (GATS). • Council for TRIPs : The Council for TRIPs oversees the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). •Committees and other subsidiary bodies •Three main committees are established by the WTO Agreement: •the Committee on Trade and Development, •the Committee on Balance-of-Payments Restrictions
.the Committee on budget, Finance and administration. Membership of these committees is also open to all Members of the Wto. The General Council has estab lished two other committees reporting to it: the Committee on Trade and environment and the Committee on Regional trade greement V Decision-making .The Wto continues the practice of decision-making by consensus followed under the gatt 1947. Consensus is defined as the situation where no member. present at a meeting where a decision is taken, formally objects to the proposed decision. However, it is recognized that there may be situations where a consensus cannot be reached, in which case the matter may be decided by voting Voting rules are set out in the wto agreement. 采用合意决策的作法,即如果任何一个与会的成员方对拟通过的决议不正式提出反对,就算 达成合意。如通过合意未达成决定时,以投票决定。在部长会议和总理事会上,成员方均 有一票投票权,除非另有规定,通常以多数票为准。部长会议和总理事会拥有对世贸组织 各项协议的解释权,运用解释作出的决定以成员方3/44的投票为准。如要免除成员方义务, 需部长会议以314的投票方式表决 V Legal framework Wto Agreement: Marrakesh agreement establishing the world trade Organization建立世界贸易组织协定 ANNEX I Annex IA: Multilateral agreements on Trade in goods (including gatt1994 and other multilateral agreements Annex IB: GATS(the General agreement on Trade in Service) Annex IC: tRiPS (the Ag greement on Trade-Ralated Aspects of Intellectual Rights) ANNEX 2: Dsu (Understanding on rules and procedures governing the settlement of disputes) ANNEX 3: Trade Policy Review Mechanism AnnEX 4: Plurilateral Trade agreements V. The outline ofwTo agreements .Firstly, they start with broad principles reflected in GATT, GATS and TRIPS. .Then come extra agreements and annexes dealing with the special requirements
9 •the Committee on Budget, Finance and Administration. •Membership of these committees is also open to all Members of the WTO. The General Council has established two other committees reporting to it: the Committee on Trade and Environment and the Committee on Regional Trade Agreement. Ⅴ. Decision-making •The WTO continues the practice of decision-making by consensus followed under the GATT 1947. Consensus is defined as the situation where no Member, present at a meeting where a decision is taken, formally objects to the proposed decision. However, it is recognized that there may be situations where a consensus cannot be reached, in which case the matter may be decided by voting. Voting rules are set out in the WTO Agreement. 采用合意决策的作法，即如果任何一个与会的成员方对拟通过的决议不正式提出反对，就算 达成合意。 如通过合意未达成决定时，以投票决定。在部长会议和总理事会上，成员方均 有一票投票权，除非另有规定，通常以多数票为准。 部长会议和总理事会拥有对世贸组织 各项协议的解释权，运用解释作出的决定以成员方 3/4 的投票为准。 如要免除成员方义务， 需部长会议以 3/4 的投票方式表决。 Ⅵ. Legal Framework WTO Agreement: Marrakesh Agreement Establishing the World Trade Organization 建立世界贸易组织协定 ANNEX 1 Annex 1A: Multilateral Agreements on Trade in Goods (including GATT1994 and other multilateral agreements) Annex 1B:GATS (the General Agreement on Trade in Service) Annex 1C: TRIPS (the Agreement on Trade-Ralated Aspects of Intellectual Property Rights) ANNEX 2: DSU (Understanding on rules and procedures governing the settlement of disputes) ANNEX 3: Trade Policy Review Mechanism ANNEX 4: Plurilateral Trade Agreements Ⅶ. The outline of WTO agreements •Firstly, they start with broad principles reflected in GATT, GATS and TRIPS. •Then come extra agreements and annexes dealing with the special requirements
of specific sectors or issues Finally there are the detailed and leng thy schedules (or lists)of commitments made dual countries allowing specific foreign products or service providers s to the market ●1. Goods Trade negotiations all began with trade in goods from 1947 to 1994, Gatt was the forum for negotiating lower customs duty rates and other trade barriers; the text of GATT spelt out important rules, particularly nondiscrimination. Since 1995, the updated gatt has become the wtos umbrella agreement for trade in goods. It has annexes dealing with specific sectors such as agriculture and textiles, and with specific issues such as state trading product standards, subsidies and actions taken against dumping. ·2. Services Banks, insurance firms, telecommunications companies, tour operators, hotel chains and transport companies looking to do business abroad can now enjoy the same principles as free and fair trade that were originally only applied to trade in goods. These principles appear in the new General Agreement on Trade in Services (GATS). WTO members have also made individual commitments under gats stating which of their services sectors they are willing to open to foreign competitors. and how open those markets are 3. Intellectual property The wTos intellectual property agreement amounts to rules for trade and investment in ideas and creativity. The rules state how copyrights, trademarks, geographical indication used to identify products, industrial designs, integrated circuit layout-designs and undisclosed information such as trade secrets should be protected when trade is involved. .4. Dispute settlement The Understanding on rules and procedures governing the settlement of Disputes( the Dispute Settlement Understanding or dsu) carries forward and improves on the dispute settlement procedures of GATT 1947. most importantly, the dsu establishes a unified system for settling disputes that arise under the WTO Agreement and its annexes( other than the annex establishing the trade Policy Review Mechanism)
10 of specific sectors or issues. •Finally there are the detailed and lengthy schedules (or lists) of commitments made by individual countries allowing specific foreign products or service providers access to the market. •1. Goods • Trade negotiations all began with trade in goods from 1947 to 1994, GATT was the forum for negotiating lower customs duty rates and other trade barriers; the text of GATT spelt out important rules, particularly nondiscrimination. Since 1995, the updated GATT has become the WTO's umbrella agreement for trade in goods. It has annexes dealing with specific sectors such as agriculture and textiles, and with specific issues such as state trading product standards, subsidies and actions taken against dumping. •2. Services • Banks, insurance firms, telecommunications companies, tour operators, hotel chains and transport companies looking to do business abroad can now enjoy the same principles as free and fair trade that were originally only applied to trade in goods. These principles appear in the new General Agreement on Trade in Services (GATS). WTO members have also made individual commitments under GATS stating which of their services sectors they are willing to open to foreign competitors, and how open those markets are. •3. Intellectual property • The WTO's intellectual property agreement amounts to rules for trade and investment in ideas and creativity. The rules state how copyrights, trademarks, geographical indication used to identify products, industrial designs, integrated circuit layout-designs and undisclosed information such as trade secrets should be protected when trade is involved. •4. Dispute settlement • The Understanding on Rules and Procedures Governing the Settlement of Disputes ( the Dispute Settlement Understanding or DSU ) carries forward and improves on the dispute settlement procedures of GATT 1947. Most importantly, the DSU establishes a unified system for settling disputes that arise under the WTO Agreement and its annexes ( other than the annex establishing the Trade Policy Review Mechanism)
