Introduction-to-WTO课件全套教学教程整套课件全书电子教案.pptx

单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,2021/12/10,#,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,DATE yyyy/M/d|2021/12/10,#,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,DATE yyyy/M/d|2021/12/10,#,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,DATE yyyy/M/d|2021/12/10,#,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,DATE yyyy/M/d|2021/12/10,#,单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,DATE yyyy/M/d|2021/12/10,#,Introduction to the World Trade Organization(WTO),YUAN,Tao,Chapter 1 The Establishment and Law of the WTO,The World Trade Organization(WTO)is the only international organization dealing with the global rules of trade between nations.,WTO was established on 1 January 1995,and its main institutions are located in Geneva.,Until 23July2008,153 Members have joined in the WTO.,1.1 The Formation and Development of Multilateral Trading System,From 1947 to 1994,before the establishment of the WTO,the General Agreement on Tariff and Trade(GATT)had been playing an important role in promoting free trade.,1.1.1 GATT and its trade rounds,1.The foundation of GATT,After World War II,the World Bank and the International Monetary Fund,known as the Bretton Woods institutions,were created.,In February 1946,the United Nations Economic and Social Committee adopted a resolution calling for a conference to draft a charter for an“International Trade Organization”(ITO)to complement the World Bank and the IMF.,More than 50 countries participated in the negotiations to create an International Trade Organization as a specialized agency of the United Nations.,Meanwhile,in an effort to give an early boost to trade liberalization and begin to correct the legacy of protectionist measures,tariff negotiations were begun among the 15 countries in 1946.,The negotiations on the General Agreement on Tariff and Trade(GATT)advanced well in Geneva,and by October 1947 the negotiators had reached an agreement of the GATT.,The GATT was born with 23 founding contracting parties.,The ITO Charter was finally agreed in Havana in March 1948,but ratification in some national legislatures proved impossible.,In 1950,the United States government announced that it would not seek Congressional ratification of the Havana Charter,and the ITO was effectively dead.,The GATT became the only multilateral instrument governing international trade from 1948 until the WTO was established in 1995.,2.Trade rounds under GATT,The first round of multilateral trade negotiations,From April to October in 1947,the first round of negotiations was held in Geneva,Switzerland,and 23 contracting parties joined in the negotiations.,It was the largest multilateral tariff concession negotiations at that time,which facilitated the recovery and development of world economy after the Second World War.,The second round of multilateral trade negotiations,From April to October in 1949,the second round of negotiations was held in Annecy,France,and 13 contracting parties joined in the negotiations.,This round of negotiations resulted in 147 tariff concession agreements,including about 5000 goods.,The third round of multilateral trade negotiations,From September 1950 to April 1951,the third round of negotiations was held in Torquay,England,with 38 contracting parties participating.,This round of negotiation affected 80%of the worlds total trade.,The fourth round of multilateral trade negotiations,The fourth round of negotiations was held in Geneva from January to May in 1956,with 26 contracting parties participating.The limited authorization of the American delegation affected the results.Only$2.5 billion of trade was involved in this round.,The Dillon Round,The fifth round of negotiations called Dillon Round was held in Geneva between September 1960 and July 1962,with 26 contracting parties participating.,The negotiations resulted in tariff concession agreements with regard to 4400 goods,which affected$4.9 billion of trade.,The Kennedy Round,The sixth round of negotiations called Kennedy Round was held in Geneva from May 1964 to June 1967,with 62 contracting parties participating.,The topics included agricultural products,industrial products,tariff,non-tariff barriers and so on.,This round also allowed the first negotiations on issues such as anti-dumping and development.,The Tokyo Round,The Tokyo Round began from 1973 to 1979,with 102 countries participating.,The results included an average one-third cut in customs duties in the worlds nine major industrial markets,bringing the average tariff on industrial products down to 4.7%.,A series of agreements on non-tariff barriers did emerge from the negotiations.Because they were not accepted by the full GATT membership,they were often informally called codes.,The Uruguay Round,The Uruguay Round took seven and a half years,almost twice the original schedule.By the end,123 countries were taking part.,The Uruguay Round brought about the biggest reform of the worlds trading system since GATT was created.,1.1.2 Trade rounds under WTO,1.Ministerial conferences,Singapore ministerial conference,The First WTO Ministerial Conference was held in Singapore from 9 to 13December1996.,It included various multilateral,plurilateral and bilateral business sessions.,Agreement on Financial Services and Information Technology Agreement were adopted.,“Singapore issues”,Geneva ministerial conference,The Second WTO Ministerial Conference was held in Geneva,Switzerland from 18 to 20May1998.,Seattle ministerial conference,The Third WTO Ministerial Conference was held in Seattle,Washington State,the United States,from 30November to 3December1999.,It failed to launch the new negotiations for the parade of non-government and the divergence of Members on some important issues.,Doha ministerial conference,The Fourth WTO Ministerial Conference was held in Doha,Qatar from 9 to 14 November 2001.,All the Members agreed to launch the first multilateral negotiations of WTO on January 31 2002(Doha Development Agenda,DDA).,This Conference has completed the WTO accession procedures for China.,Cancun ministerial conference,The Fifth WTO Ministerial Conference was held in Cancun,Mexico,10-14 September 2003.,Hong Kong ministerial conference,The Sixth WTO Ministerial Conference was held in Hong Kong,China,13-18 December 2005.,Hong Kong Ministerial Declaration was adopted,providing a developing blue print for developing members.,2.The reason for launching the DDA,To promote the free trade,Adjustment of the rules and new rules established through the new round,The WTO Agreements were not well implemented for all members,DDA reflected the common requirement of all the Members,3.The subjects of the DDA,Agriculture,Negotiations on agriculture began in early 2000,under Article 20 of the WTO Agriculture Agreement.,By November 2001,121 governments had submitted a large number of negotiating proposals at the Doha Ministerial Conference.,The purpose is to correct and prevent restrictions and distortions in world agricultural markets.,Market access for non-agricultural products,The ministers agreed to launch tariff-cutting negotiations on all non-agricultural products.,The aim is to reduce,or as appropriate eliminate tariffs,including the reduction or elimination of tariff peaks,high tariffs,and tariff escalation,as well as non-tariff barriers,in particular on products of export interest to developing members.,Services,Negotiations on services were already almost two years old when they were incorporated into the new Doha agenda.,The Doha Declaration endorses the work already done and reaffirms the negotiating guidelines and procedures,also establishes some key elements of the timetable,Trade-related aspects of intellectual property rights(TRIPS),The relationship between the TRIPS Agreement and public health became the focus.,Geographical indications(the registration system which extended the“higher level of protection”to other products)and reviews of TRIPS provision are also the main issues.,WTO rules,The Anti-Dumping and Subsidies agreements,the developmental aspects of regional trade agreements,Singapore issue,Developed Members and developing Members have different provisions on Singapore issue,and finally Members agreed to begin negotiations on trade facilitation,but not on the other three Singapore issues.,4.Some plans of DDA,A first step along the road to final agreement was reached on 1 August 2004.,The Sixth WTO Ministerial Conference was held in Hong Kong,13-18 December 2005,and Hong Kong Ministerial Declaration was adopted in the meeting.,1.1.3 The differences between WTO and GATT,The GATT was the most important multilateral instrument for world trade,but this one was a set of rules and a multilateral agreement with no institutional foundation;meanwhile the WTO was established as a permanent institution.,The GATT was applied on a provisional basis;meanwhile the WTO commitments are full and permanent.,Besides,the GATT rules are applied to trade in merchandise,and in addition to merchandise,the WTO rules cover trade in services and trade-related aspects of intellectual property.,The countries joined in GATT were called contracting parties,but the countries and areas participating in WTO were called Members.,The dispute settlement mechanism of the WTO is faster,more effective,much more authoritative,and thus much less susceptible to blockages,than the dispute settlement system of the GATT.,While the GATT was a multilateral instrument,by the 1980s many new agreements had been added as plurilateral agreements.In the case of the WTO,almost all the agreements that constitute this organization are multilateral.,Case1.1,The Interests of WTO Members:,A Perspective from the Hong Kong Ministerial Conference,Doha Development Agenda was the first round of multilateral trade negotiations with Chinas participation in making the rules of international trade.,However,it was not smooth to launch the negotiations,the contradiction between developed members and developing members was one of the main reasons.,three main factors account for the deadlock of the Doha Round,1.The contradiction on agricultural subsidies among the members as the United States,Brazil,Canada,Australia and members as the European Union,Switzerland,India and Japan,2.The divergence on negotiating issues between the developed and developing members,3.The difference of the benefit from economic globalization and trade liberalization between the developed and developing members(developed members have more benefit than developing members),European countries and the United States apply a double-faced standard in subsidies and tariffs.,They argued there should be zero tariffs in the industries they have comparative advantage such as information industry,but the industries like agricultural products and textiles,in which they have not comparative advantage,should be excluded from the framework of free trade.,EU,United States and developing members(e.g.India and Brazil)have many different opinions on agricultural subsidies and tariffs:,developed members like U.S.call for elimination of barriers to global agriculture market access while developing members want to have preferential treatment when agricultural tariffs are reduced.,Taking account of their vulnerable agriculture,EU doesnt agree with the substantial reduction of agricultural subsidies.,During the Hong Kong Ministerial Conference,the representatives of USA made statements about the main issues of the Doha Round:,In agriculture,Especially for developing members,America called for greater market access,In non-agriculture market access(NAMA),In the area of trade in services,the statement by the representative of European Union:,trade-distorting subsidies must be cut back and substantial improvement in market access must take place,but there was no real commitment.,The negotiations should not focus only on agriculture,but also on other issues.,Japan:,Real development would be brought to a large extent by improving and securing market access through negotiations especially in the area of non-agriculture market access(NAMA),services and trade rules,it was important to secure a balanced outcome in NAMA and trade rules,Brazil:,All forms of distorting subsidies should be eliminated or drastically reduced,Australia:,Agriculture is critically important to Australia and the Cainrns Group,called on all Members to implement their commitments on making substantial improvements in market access of all products including so-called“sensitive”products,and also suggested the need of substantial cuts to existing levels of domestic support,and export subsidies should be eliminated no later than 2010.,China:,Firmly supported the elimination of all kinds of export subsidies by developed Members,Asked for significant reduction of trade-distorting domestic supports by developed members,Advised that special attention should be paid to the interests of developing members in the service negotiations,India:,It is the international trade structure of agriculture that is the most distorted,Tariff cut and elimination of non-tariff barriers were all important,The services negotiations needed a clear direction,without undermining the flexibilities available to developing members under GATS architecture,1.2 The Law of the WTO,1.2.1 The WTO Agreement,The Marrakesh Agreement Establishing the World Trade Organization is the basic law of WTO,in which is set the legal status of the WTO as an international economic organization.,1.2.2 Annexes to the WTO Agreement,1.Multilateral agreements on trade in goods,GATT 1994 consists of the provisions of GATT 1947(The General Agreement on Tariffs and Trade signed on 30 October 1947),the provisions of legal instruments those have been executed under the GATT 1947 before the WTO Agreement was executed,and some understandings agreed in Uruguay Round.,General Agreement on Tariffs and Trade 1994(GATT 1994),Sectoral agreements,Agreement on Agriculture,Agreement on Agriculture consists of 1 preamble,13 parts(21 articles)and 5 annexes,，,with regard to issues as market access,export subsidies,domestic support and so on.,Agreement on Textiles and Clothing(ending on 31,12,2004),Agreement on Textiles and Clothing consists of a preamble,9 articles and an annex.The main contents are the range of products,eliminating restrictions,transitional safeguards,anti-circumvention,establishing Textiles Monitoring Body and so on.,The Ministerial Declaration on Trade in Information Technology Products(ITA),The number of participants has grown to 70,representing about 97%of world trade in information technology products.,With the tariff elimination,as a result from GATT negotiations,non-tariff barriers become the main instruments to protect domestic industries.,Non-tariff measures agreements,Agreement on Application of Sanitary and Phytosanitary Measures,The agreement recognizes that governments have the right to take sanitary and phytosanitary measures but they should be applied only as a means of protection for human,animal and