8 Institutional and procedural provisions of the anti-dumping agreement 8.1 Committee for anti-dumping practices. 4 General provisions and basic principles of the TRIPS Agreement 4.1 The relationship between the TRIPS Agreement and the WIPO Conventions 4.2 The obligation of national treatment.
Preface
Panel Report, United States – Customs Effects Guidelines for Merchandise Subject to Antidumping/Retaliation Duties, WT/DS345/R, adopted August 1, 2008, as amended by Appellate Body Report. USA - Hot-Rolled Appellate Body Report, United States - Anti-dumping Measures on Certain Hot-Rolled Steel Products of Japan.
1 International Trade and the Law of the WTO
Emergence of the Global Economy
- The Concept of ‘Economic Globalisation’
- Forces Driving Economic Globalisation
- Facts and Figures on International Trade and Foreign Direct Investment
- Changing Nature of International Trade in the Global Economy
The terms "globalization" and especially "economic globalization" have been used by many to describe one of the defining characteristics of the world in which we live. The share of least developed countries has increased from 0.5 to 1 percent in recent years (although note that in 1970 it was 1.7 percent).
A Blessing or a Curse?
Recognizing that the nature of international trade is changing will not only affect how trade data will be collected in the future. Both worldviews fly in the face of the evidence – and neither offers any hope for the future.49.
Free Trade versus Restricted Trade
- Arguments for Free Trade
- Arguments for Restrictions on Trade
In the nineteenth century, this argument protected young manufacturing industries in the United States and Germany from import competition. Which of the arguments for trade and the arguments for trade restrictions do you find most persuasive?
International Trade to the Benefit of All?
Can international trade benefit all countries and, within countries, all walks of life? This book on World Trade Organization (WTO) law and policy addresses the national and international action required in each of these four areas, but focuses particularly on the requirement for global governance of international trade.
International Rules on International Trade
- Need for International Rules
- International Economic Law and WTO Law
A second and closely related reason why international trade rules are needed is the need of traders for some security and predictability. A fourth and final reason why international trade rules are needed is the need to achieve a greater degree of fairness in international economic relations.
Basic Rules of WTO Law
- Rules of Non-Discrimination
- Rules on Market Access
- Rules on Unfair Trade
- Rules on the Conflict Between Trade Liberalisation and Other Societal Values and Interests
- Institutional and Procedural Rules
There are two basic rules of non-discrimination in WTO law: (1) the obligation of most favored nation (MFN) treatment; and (2) the national treatment obligation. Does WTO law address the conflict between trade liberalization and other economic and non-economic social values and interests?
The Marrakesh Agreement Establishing the World Trade Organization
- General Agreement on Tariffs and Trade 1994
- Other Multilateral Agreements on Trade in Goods
- General Agreement on Trade in Services
- Agreement on Trade-Related Aspects of Intellectual Property Rights
- Understanding on Rules and Procedures for the Settlement of Disputes
- Trade Policy Review Mechanism
- Plurilateral Agreements
- Ministerial Decisions and Declarations
The most important of the thirteen multilateral agreements on trade in goods listed in Annex 1A is the General Agreement on Tariffs and Trade 1994 (the “GATT 1994”). Therefore, the provisions of Article XIX of the GATT 1994 and the provisions of the Safeguards Agreement are all provisions of one treaty, the WTO Agreement.
Other Sources of WTO Law
- Dispute Settlement Reports
- Acts of WTO Bodies
- Agreements Concluded in the Context of the WTO
- Customary International Law
- General Principles of Law
- Other International Agreements
- Subsequent Practice of WTO Members
- Negotiating History of WTO Agreements
- Teachings of Publicists
In adopting this approach, the Appellate Body was clearly inspired by the practice of the International Court of Justice. Is the history of WTO treaty negotiations or the personal recollections of negotiators a source of WTO law.
WTO Law and International Law
- WTO Law as an Integral Part of International Law
- Conflicts Between WTO Agreements and Other Agreements
The discussion above of the sources of WTO law shows that WTO law is not a closed, self-contained system, isolated from the rest of international law. This particular view of the relationship between WTO rules and conflicting rules of other international agreements is not shared by other WTO scholars.
WTO Law and National Law
- National Law in WTO Law
- WTO Law in National Law
There are also other sources of WTO law, although these other sources are not of the same nature or on the same legal basis as the WTO agreements discussed above. These other sources of WTO law include: (1) dispute settlement reports; (2) acts of WTO bodies; (3) agreements concluded in the framework of the WTO; (4) customary international law; (5) general principles of law; (6) other international agreements; (7) subsequent practices of WTO members; (8) the negotiation history of WTO agreements; and (9) teachings of the most highly qualified publicists.
Globaphiles Versus Globaphobes
Sampson (ed.), The Role of the World Trade Organization in Global Governance (United Nations University Press, 2001), 81. Sampson (ed.), The Role of the World Trade Organization in Global Governance (United Nations University Press. 278 For a discussion on the jurisdictional scope of the WTO dispute settlement system, see below, p.
Lamy, 'Die plek van die WHO en sy reg in die internasionale regsorde', European Journal of International Law, 2007, 977. Lamy, 'The Place of the WHO and its Law in the International Legal Order', European Journal of International Law, 2007, 978. Bohanes (reds.), The WHO at Ten: The Contribution of the Dispute Settlement System (Cambridge University Press.
2 The World Trade Organization
The General Agreement on Tariffs and Trade of 1947
- The GATT 1947 and the International Trade Organization
- The GATT as a De Facto International Organisation for Trade
For nearly five decades, the GATT was the de facto international organization for international trade. This subsection addresses: (1) the genesis of GATT and the stillbirth of the International Trade Organization (ITO); and (2) the success and failure of the GATT as a de facto international trade organization. There was thus a strong motivation on the part of the United States to bring GATT into force before this law expired.9.
How did the PPA solve the problem faced by those countries that needed parliamentary approval of the GATT 1947.
Uruguay Round of Multilateral Trade Negotiations
Explain how the constitutional law of the United States and other countries played a crucial role in the genesis of the GATT. Briefly describe the events between 1990 and 1995 that led to the establishment of the WTO on 1 January 1995. The WTO was formally established and became operational on 1 January 1995 when the WTO Agreement entered into force.
This section examines two main aspects of this mandate, namely: (1) the objectives of the WTO; and (2) the functions of the WTO.
Objectives of the WTO
The preamble statements of the WTO's objectives refute the claim that the WTO is only concerned with trade liberalization without considering the sustainability of economic development, environmental degradation and global poverty. The preamble to the WTO Agreement also states how the stated objectives are to be achieved:. According to the Preamble of the WTO Agreement, the two main instruments or means for achieving the objectives of the WTO are:
The reduction of trade barriers and the elimination of discrimination were also two of the main instruments of the 1947 GATT, but the WTO Agreement aims to establish, as stated in the fourth recital of the preamble, the basis for integrated, more efficient and sustainable multilateral trade. system.
Functions of the WTO
- Facilitation of the Implementation of the WTO Agreements
- Negotiations on New Trade Rules
- Dispute Settlement
- Trade Policy Review
- Cooperation with Other Organisations
- Technical Assistance to Developing Countries
Does the stalemate in the Doha Round negotiations portend the WTO's imminent demise? A third and very important function of the WTO is the administration of the WTO dispute settlement system. There are also four main arguments against greater involvement of NGOs in the work of the WTO.
One of the WTO's most successful outreach activities is the annual WTO Public Forum.
Membership of the WTO
- Current Membership
- Accession
- Special and Differential Treatment
- Waivers and Opt-Outs
- Withdrawal, Suspension and Expulsion
Is it easy or common for developing country members of the WTO to speak with one voice? The EU member states speak with one voice in the WTO context. In principle, the applicant for membership must always accept the terms of the WTO agreement and all multilateral trade agreements.
In practice, the meaning of the "non-application" clause under the WTO Agreement has been limited.
Institutional Structure of the WTO
- Ministerial Conference
- General Council, DSB and TPRB
- Specialised Councils, Committees, Working Groups and Working Parties
- Trade Negotiations Committee
- Political Bodies Lacking in the Formal Institutional Structure
- Judicial, Quasi-Judicial and Other Non-Political Bodies
- WTO Secretariat
In the intervals between meetings of the Ministerial Conference, its functions will be carried out by the General Council. The minutes of a meeting of the General Council (like the minutes of meetings of all WTO bodies except the TPRB) are. The main duties of the WTO Secretariat are: (1) to provide technical, secretarial and professional support to the numerous WTO bodies (including writing the minutes of the meetings of these bodies; and organizing the biennial sessions of the Ministerial Conference ); (2) to provide technical assistance to Members from developing countries; (3) to monitor and analyze developments in world trade; (4) to advise governments of countries wishing to become members of the WTO; and (5) to provide information to the public and the media.
Discuss the role and powers of the WTO Director-General and the WTO Secretariat.
WTO Decision-Making in Theory
- Standard Procedure
- Special Procedures
What is the main task of the WTO's specialized councils, committees, working parties and working groups. If consensus cannot be reached, Article IX:1, second sentence, of the WTO Agreement provides for voting. Regarding decisions on the admission of new members, Article XII:2 of the WTO Agreement provides that such decisions are taken by the Ministerial Conference (or General Council) by a two-thirds majority of the members.
What is the difference between 'authoritative interpretations' under Article IX:2 of the WTO Agreement and 'amendments' under Article X thereof.
WTO Decision-Making in Practice
31 of the TRIPS Agreement and an annex to the TRIPS Agreement is inserted after its Article 73. As of March 1, 2013, only seventy-two members had announced their acceptance of the amendment.359 Therefore, this amendment, agreed in December 2005, has not yet entered into force. Finally, with regard to decisions on the annual budget and financial regulations, Article VII:3 of the WTO Agreement provides that the General Council adopts the annual budget and financial regulations by a two-thirds majority of the votes cast, but which constitute more than half. of WTO members.
If Members wish to amend Article III of the GATT 1994 or Article 5 of the DSU, what are the procedural requirements for such amendments.
Participation in WTO Decision-Making
While the 2000 consultations did not result in any reform of the WTO's decision-making process, they did serve. Note, however, that these improvements did not meet the expectations of some Members and that the discussion on how to improve the WTO's decision-making process continued in 2002 and beyond.375. The challenges faced by WTO members, and especially many developing countries, in WTO negotiations and decision-making is well illustrated by the account given by Mark Pearson of the LDC group's participation in the (ultimately unsuccessful) Hong Kong ministerial conference in December 2005.
After the final [Green Room] process, which ended at 09:00 on Saturday, we went back to the full MOL group to explain what the outcome of the [Green Room] process was.
Legal Status of the WTO
In previous rounds under the auspices of the GATT, developed countries played a prominent role in agenda setting as well as in shaping the final outcomes. This resulted from: (1) trade-related technical assistance and training, discussed above;384 and (2) the systematic coordination of positions and the pooling of resources and expertise in groups, coalitions and alliances of developing country Members with common interests, also discussed above.385 In general, developing country members now participate in WTO negotiations and decision-making in a much more active and efficient manner than ever before. The final section on 'other issues' briefly addresses issues related to the legal status of the WTO under international law and issues related to the WTO budget.
It is worth noting that the WTO is not part of the UN 'family'.
WTO Budget
In addition, all WTO bodies (except non-political bodies) include all 159 members of the WTO. Mechanisms have therefore been developed over the years to facilitate negotiations and decision-making in the WTO. Decision-making by consensus is at the heart of the WTO system and is regarded as a fundamental democratic guarantee.
However, the consensus requirement makes WTO decision-making difficult and prone to paralysis.
To Join or not to Join?
Sampson (ed.), The Role of the World Trade Organization in Global Governance (University Press, 2001), 5. For an interpretation of Article XX(g) GATT 1994 in the light of the preamble to the WTO Agreement, see below, p. 156 Calculated on the basis of data on the websites of the World Bank and the WTO.
250 The 2013 list of chairpersons of all WTO bodies can be found on the WTO website.
