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#REDIRECT [[ವಿಶ್ವ ವ್ಯಾಪಾರ ಸಂಘಟನೆ]]
{{Redirect|WTO}}
{{Infobox Organization
|name=World Trade Organization {{en icon}}<br/>Organisation mondiale du commerce {{fr icon}}<br />Organización Mundial del Comercio {{es icon}}<!--PLEASE DO NOT ADD LANGUAGES OTHER THAN THE OFFICIAL ENGLISH, FRENCH AND SPANISH—FOR RATIONALE SEE PARAMETER LANGUAGE BELOW WITH LINKED REFERENCE-->
|image=Wto logo.png
|caption=
|map=WTO members.svg
|mcaption={{legend|#008000|WTO founder members (January 1, 1995)}}{{legend|#3BC03B|WTO subsequent members}}
|headquarters=[[Centre William Rappard]], [[Geneva]], [[Switzerland]]
|head=Pascal Lamy (Director-General)
|membership=153 member states
|language=[[English language|English]], [[French language|French]], [[Spanish language|Spanish]]<ref>[http://www.wto.org/English/thewto_e/vacan_e/recruit_e.htm#languages General Information on Recruitment in the World Trade Organization], World Trade Organization</ref>
|leader_title=[[Director-General of the World Trade Organization|Director-General]]
|leader_name=[[Pascal Lamy]]
|formation=January 1, 1995
|budget=189 million [[Swiss franc]]s (approx. 182 million [[United States Dollars|USD]]) in 2009.<ref>{{cite news|url=http://www.wto.org/english/thewto_e/secre_e/budget08_e.htm|title=WTO Secretariat budget for 2008|publisher=World Trade Organization|accessdate=2008-08-25}}</ref>
|num_staff=625<ref>[http://www.wto.org/english/thewto_e/secre_e/intro_e.htm Overview of the WTO Secretariat] All WTO staff are based in Geneva.</ref>
|website=[http://www.wto.int/ www.wto.int]
}}
The '''[[World]] Trade Organization''' ('''WTO''') is an organization that intends to supervise and [[Free trade|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 [[parliament]]s.<ref name ="understandingWTO-basics">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm Understanding the WTO - what is the World Trade Organization?], World Trade Organization</ref><ref name="britannica">{{cite encyclopedia|title=World Trade Organization|encyclopedia=Encyclopaedia Britannica}}</ref> 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."<ref>European Commission [http://ec.europa.eu/trade/issues/newround/doha_da/index_en.htm The Doha Round]</ref>
The WTO has 153 members,<ref>[http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm Members and Observers] WTO official site</ref> representing more than 97% of total world trade<ref>[http://www.wto.org/english/thewto_e/whatis_e/inbrief_e/inbr02_e.htm The WTO in Brief 2] WTO official site</ref> 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]].
{{TOCLimit|3}}
==History==
{{See also|Timeline of the World Trade Organization}}
'''Gunjan Kothari'''
Mihir Soni
===ITO and GATT 1947===
{{See also|International Trade Organization}}
[[Image:WhiteandKeynes.jpg|thumb|right|[[Harry Dexter White]] (l) and [[John Maynard Keynes]] at the Bretton Woods Conference — Both economists had been strong advocates of a liberal international trade environment, and recommended the establishment of three institutions: the IMF (fiscal and monetary issues), the World Bank (financial and structural issues), and the ITO (international economic cooperation).<ref>A.E. Eckes Jr., ''US Trade History'', 73<br />* A. Smithies, ''Reflections on the Work of Keynes'', 578-601<br />* N. Warren, ''Internet and Globalization'', 193</ref>]]
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 system|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.<ref>P. van den Bossche, ''The Law and Policy of the World Trade Organization'', 80</ref><ref>Palmeter-Mavroidis, ''Dispute Settlement'', 2</ref><ref name="CRS-2007-pg 4">{{cite web|url=http://www.nationalaglawcenter.org/assets/crs/98-928.pdf|title=The World Trade Organization: Background and Issues|last=Fergusson|first=Ian F.|date=9 May 2007|publisher=[[Congressional Research Service]]|page=4|accessdate=2008-08-15|format=PDF}}</ref>
In the absence of an international organization for trade, the GATT would over the years "transform itself" into a ''[[de facto]]'' international organization.<ref name="B81">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).</ref>
===GATT rounds of negotiations===
{{See also|General Agreement on Tariffs and Trade}}
The GATT was the only [[multilateralism|multilateral]] instrument governing international trade from 1948 until the WTO was established in 1995.<ref name="GY">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact4_e.htm The GATT Years: from Havana to Marrakesh], World Trade Organization</ref> 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.<ref name="F17">M.E. Footer, ''Analysis of the World Trade Organization'', 17</ref>
====From Genève to Tokyo====
Seven rounds of negotiations occurred under the GATT. The first real GATT trade rounds concentrated on further reducing [[tariffs]]. Then, the Kennedy Round in the mid-sixties brought about a GATT [[Dumping (pricing policy)|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 agreement]]s 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.<ref name="GY"/>
====Uruguay Round====
[[Image:Bush Lula133635.jpg|thumb|right|During the Doha Round, the [[US government]] blamed [[Brazil]] and [[India]] for being inflexible, and the EU for impeding agricultural imports.<ref>B.S. Klapper, [http://www.iht.com/articles/2006/11/14/business/wto.php With a "Short Window"]</ref> The [[President of Brazil]], [[Luiz Inácio Lula da Silva]], responded to the criticisms by arguing that progress would only be achieved if the richest countries (especially the US and countries in the EU) make deeper cuts in their agricultural subsidies, and further open their markets for agricultural goods.<ref>Lula, [http://www.iht.com/articles/2006/06/01/opinion/edlula.php Time to Get Serious about Agricultural Subsidies]</ref>]]
{{main|Uruguay Round}}
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" />
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 during the April 1994 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>
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 Agreement Establishing the WTO
*[[Good (economics)|Goods]] and [[investment]] — the Multilateral Agreements on Trade in Goods including the GATT 1994 and the [[Trade Related Investment Measures]]
*[[Service (economics)|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)<ref name="OL">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm1_e.htm Overview: a Navigational Guide], World Trade Organization. For the complete list of "The Uruguay Round Agreements", see [http://www.wto.org/english/docs_e/legal_e/legal_e.htm WTO legal texts], World Trade Organization, and [http://www.worldtradelaw.net/uragreements/ Uruguay Round Agreements, Understandings, Decisions and Declarations], WorldTradeLaw.net</ref>
===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 [[WTO Ministerial Conference of 1996|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 [[WTO Ministerial Conference of 1998|second ministerial conference]] was held in [[Geneva]] in [[Switzerland]]. The [[WTO Ministerial Conference of 1999|third conference]] in [[Seattle, Washington]] ended in failure, with massive demonstrations and police and National Guard crowd control efforts drawing worldwide attention. The [[WTO Ministerial Conference of 2001|fourth ministerial conference]] was held in [[Doha]] In [[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 [[WTO Ministerial Conference of 2003|fifth ministerial conference]] was held in [[Cancún]], [[Mexico]], aiming at forging agreement on the Doha round. An alliance of 22 [[North-South divide|southern]] states, the [[G20 developing nations]] (led by India, China<ref>{{cite web|url=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=916768|title=Five Years of China WTO Membership. EU and US Perspectives about China's Compliance with Transparency Commitments and the Transitional Review Mechanism|publisher=Papers.ssrn.com|date=|accessdate=2010-05-30}}</ref>, 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 [[WTO Ministerial Conference of 2005|sixth WTO ministerial conference]] was held in [[Hong Kong]] from 13-18 December 2005. It was considered vital if the four-year-old [[Doha round|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 [[World Trade Organization Ministerial Conference of 2009|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 is "The WTO, the Multilateral Trading System and the Current Global Economic Environment"<ref>[http://www.wto.org/english/news_e/news09_e/gc_chair_stat_26may09_e.htm WTO to hold 7th Ministerial Conference on 30 November-2 December 2009] WTO official website</ref>
===Doha Round===
{{Main|Doha Round}}
[[Image:Doha logo.png|thumb|right|The Doha Development Round started in 2001 and continues today.]]
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.<ref name="Ec65">{{Cite document|date= July 27, 2006|work=[[The Economist]]|title=In the twilight of Doha|page=65|url= http://www.economist.com/displaystory.cfm?story_id=7218551|publisher=[[The Economist]]|postscript=<!--None-->}}</ref> The initial agenda comprised both further trade liberalization and new rule-making, underpinned by commitments to strengthen substantial assistance to developing countries.<ref>[http://ec.europa.eu/trade/issues/newround/doha_da/index_en.htm The Doha Development Agenda], European Commission</ref>
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.<ref name="crs-2008">{{cite web| publisher=Congressional Research Service|last=Fergusson|first=Ian F.|title=World Trade Organization Negotiations: The Doha Development Agenda|accessdate=2008-07-26|format=PDF|date= 2008-01-18|url=http://www.nationalaglawcenter.org/assets/crs/RL32060.pdf}}</ref>
{{GATT and WTO trade rounds|state=collapsed}}
==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.<ref name="iisd-functions">[http://www.iisd.org/trade/handbook/3_2.htm Functions of the WTO], IISD</ref><ref name="WTOmain-functions">[http://www.wto.org/english/thewto_e/whatis_e/eol/e/wto01/wto1_11.htm Main Functions], World Trade Organization</ref>
*It provides a forum for negotiations and for settling disputes.<ref name="B17">A Bredimas, ''International Economic Law'', II, 17</ref><ref name="Deere_decision-making">C. Deere, [http://209.85.135.104/search?q=cache:YZ7ZWccshjkJ:www.wto.org/english/forums_e/public_forum_e/ Decision-making in the WTO: Medieval or Up-to-Date?]</ref>
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.<ref name="WTOmain-functions"/><ref name="Deere_decision-making"/> Another priority of the WTO is the assistance of [[developing countries|developing]], least-developed and low-income countries in transition to adjust to WTO rules and disciplines through technical cooperation and training.<ref name="AT">[http://www.wto.int/english/tratop_e/devel_e/teccop_e/tct_e.htm WTO Assistance for Developing Countries], World Trade Organization</ref>
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.<ref name="EA">[http://www.wto.org/english/res_e/reser_e/reser_e.htm Economic research and analysis], World Trade Organization</ref> Finally, the WTO cooperates closely with the two other components of the Bretton Woods system, the IMF and the World Bank.<ref name="B17"/>
==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.<ref name="H42">B. Hoekman, ''The WTO: Functions and Basic Principles'', 42</ref> 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.<ref name="H42"/> "Grant someone a special favour and you have to do the same for all other WTO members."<ref name="PT">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact2_e.htm#seebox Principles of the Trading System], World Trade Organization</ref> 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).<ref name="H42"/>
#'''Reciprocity'''. It reflects both a desire to limit the scope of [[Free rider problem|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 [[unilateralism|unilateral]] liberalization; reciprocal concessions intend to ensure that such gains will materialise.<ref name="H43">B. Hoekman, ''The WTO: Functions and Basic Principles'', 43</ref>
#'''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.<ref name="PT"/><ref name="H43"/>
#'''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).<ref name= "H44">B. Hoekman, ''The WTO: Functions and Basic Principles'', 44</ref> The WTO system tries also to improve predictability and stability, discouraging the use of [[Import quota|quotas]] and other measures used to set limits on quantities of imports.<ref name="PT"/>
#'''Safety valves'''. In specific circumstances, governments are able to [[Trade restriction|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.<ref name= "H44"/> Exceptions to the MFN principle also allow for preferential treatment of [[Developing country|developing countries]], regional [[free trade area]]s and [[customs union]]s.{{Citation needed|date=August 2009}}
==Organizational structure==
The General Council has multiple bodies which oversee committees in different areas, and they are 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.<ref name="WTO subsidiary bodies">{{cite web|url=http://www.wto.org/english/thewto_e/whatis_e/tif_e/org1_e.htm#fourth|title=Fourth level: down to the nitty-gritty|publisher= World Trade Organization|accessdate=2008-08-18}}</ref>
;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.<ref>{{cite web|url= http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm|title=Intellectual property - overview of TRIPS Agreement|publisher=Wto.org|date=1994-04-15|accessdate=2010-05-30}}</ref>
;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.<ref name="WTO-Services council">{{cite web|url=http://www.wto.org/english/tratop_e/serv_e/s_coun_e.htm|title=The Services Council, its Committees and other subsidiary bodies|publisher= World Trade Organization|accessdate=2008-08-14}}</ref>
;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]].<ref name="WTO-TNC">{{cite web|url=http://www.wto.org/english/tratop_e/dda_e/tnc_e.htm|title=The Trade Negotiations Committee|publisher=World Trade Organization|accessdate=2008-08-14}}</ref>
The Service Council has three subsidiary bodies: financial services, domestic regulations, GATS rules and specific commitments.<ref name="WTO subsidiary bodies"/> The General council has several different committees, working groups, and working parties.<ref name="WTO-chart">{{cite web|url= http://www.wto.org/english/thewto_e/whatis_e/tif_e/org2_e.htm|title=WTO organization chart| publisher=World Trade Organization|accessdate=2008-08-14}}</ref> There are committees on the following: Trade and Environment; Trade and Development (Subcommittee on Least-Developed Countries); [[Regional Trade Agreement]]s; 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|date=March 2007}}
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|date=March 2007}}
[[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 efficiency|Pareto improvement]].<ref>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.</ref> 123
==Dispute settlement==
{{Main|Dispute settlement in the WTO}}
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.<ref>Stewart-Dawyer, ''The WTO Dispute Settlement System'', 7</ref> 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".<ref>S. Panitchpakdi, ''The WTO at ten'', 8.</ref> 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.<ref name="UnSD">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/disp1_e.htm Settling Disputes:a Unique Contribution], World Trade Organization</ref>
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.<ref>[http://www.wto.org/english/tratop_e/dispu_e/disp_settlement_cbt_e/c3s1p1_e.htm WTO Bodies involved in the dispute settlement process], World Trade Organization</ref>. Several commentators have pointed out the practical difficulty in establishing legal elements required to bring trade remedy claim under WTO law.<ref>{{cite web|title=Ahn&Moon, Alternative Approach to Causation Analysis in Trade Remedy Investigations, 44 Journal of World Trade 1032 (2010) |url=http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1601531|accessdate=5 October 2010}}</ref>
==Accession and membership==
{{Main|WTO 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.<ref name="AS">[http://www.cid.harvard.edu/cidtrade/issues/accessions.html Accessions Summary], Center for International Development</ref> 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.<ref>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 ([http://www.wto.org/english/thewto_e/acc_e/a1_russie_e.htm Accessions: Russian Federation], World Trade Organization; [http://www.ustr.gov/Document_Library/Fact_Sheets/2006/Factsheet_on_US_Russia_WTO_Bilateral_Market_Access_Agreement.html Factsheet on U.S. – Russia WTO Bilateral Market Access Agreement], Office of the United States Trade Representative; [http://ec.europa.eu/comm/external_relations/russia/intro/ip04_673.htm Russia - WTO: EU-Russia Deal Brings Russia a Step Closer to WTO Membership], European Commission). [[Moldova]] and [[Georgia (country)|Georgia]] are the remaining two nations that Russia must make agreements with to enter the WTO (A. Aslund, [http://www.iie.com/publications/papers/paper.cfm?ResearchID=686 Russia's WTO Accession]; V. Novostei, [http://english.pravda.ru/russia/politics/85518-4/ USA OKs Russia’s Entry into WTO], Pravda. Ru).</ref> As is typical of WTO procedures, an offer of accession is only given once consensus is reached among interested parties.<ref name="M64">C. Michalopoulos, ''WTO Accession'', 64</ref>
===Accession process===
[[Image:World Trade Organization negotiations.svg|thumb|right|400px|Status of WTO negotiations: {{legend|#007f00|members (including dual-representation with the [[European Union]])}} {{legend|#00ff00|Draft Working Party Report or Factual Summary adopted}} {{legend|#e8e800|Goods and/or Services offers submitted}} {{legend|#ff7f40|Memorandum on Foreign Trade Regime submitted}} {{legend|#7f4000|observer, negotiations to start later or no Memorandum on FTR submitted}} {{legend|#ff0000|frozen procedures or no negotiations in the last 3 years}} {{legend|#c0c0c0|no official interaction with the WTO}}]]
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.<ref name="BM">[http://www.wto.org/english/thewto_e/whatis_e/tif_e/org3_e.htm#join Membership, Alliances and Bureaucracy], World Trade Organization</ref> The application is submitted to the WTO in a [[memorandum]] which is examined by a working party open to all interested WTO Members.<ref name="M64">C. Michalopoulos, ''WTO Accession'', 62-63</ref>
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.<ref name="AS"/>
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.<ref name="BM"/>
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.<ref>[http://www.wto.org/english/thewto_e/acc_e/acces_e.htm How to Become a Member of the WTO], World Trade Organization</ref>
===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).<ref>For an updated list of WTO members, see [http://www.wto.int/english/thewto_e/whatis_e/tif_e/org6_e.htm Members and Observers], World Trade Organization</ref> The 27 states of the [[European Union]] are represented also as the [[European Communities]]. WTO members do not have to be full [[Sovereignty|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|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]]).<ref name="J109">J.H. Jackson, ''Sovereignty'', 109</ref>
A number of non-members (30) are observers at WTO proceedings and are currently negotiating their membership. As observers, [[Iran]], [[Iraq]] and [[Russia]] are not yet members. [[Russia]] is the biggest economy outside [[WTO]] and after the completion of Russia's accession, [[Iran]] would be the biggest economy outside the WTO.<ref>{{cite web|url=http://www.irantradelaw.com/?page_id=5 |title=Letter of Demand |publisher=Iran Trade Law |date=2005-05-26 |accessdate=2010-05-30}}</ref> 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.<ref>[http://www.wto.org/english/thewto_e/igo_obs_e.htm International Intergovernmental Organizations Granted Observer Status to WTO Bodies], World Trade Organization</ref> 14 states and 2 territories so far have no official interaction with the WTO.
==Agreements==
{{Main|Uruguay Round}}
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.<ref>{{cite web|url= http://www.wto.org/english/docs_e/legal_e/legal_e.htm|title=legal texts - the WTO agreements| publisher=WTO|date=|accessdate=2010-05-30}}</ref> 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 [[tertiary sector of industry|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".<ref>{{cite web |url=http://www.wto.org/english/docs_e/legal_e/ursum_e.htm#dAgreement|title=A Summary of the Final Act of the Uruguay Round|publisher=Wto.org|date=|accessdate=2010-05-30}}</ref> The [[WTO Agreement on Customs Valuation|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==<!-- Section is named this so that it remains neutral -->
{{main|Criticism of the World Trade Organization}}
{{empty section|date=May 2010}}
==See also==
{{Columns-list|colwidth=30em|
*[[Agreement on Trade Related Investment Measures]] (TRIMS)
*[[Anti-Globalization]]
*[[International Trade Centre]]
*[[Centre William Rappard]]
*[[North American Free Trade Agreement]] (NAFTA)
*[[Non-paper]]
*[[Safeguard]]
*[[Subsidy]]
*[[Information Technology Agreement]]
*[[Swiss Formula]]
*[[Trade bloc]]
*[[Washington Consensus]]
*[[WTO Ministerial Conference of 1999 protest activity]]
*[[Global administrative law]]
*[[Globality]]
}}
==References and notes==
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{{reflist|colwidth=30em}}
==External links==
{{Wikiquote}}
{{Commonscat|World Trade Organization}}
===Official WTO pages===
*[http://www.wto.int/ Official WTO homepage]
**[http://www.wto.int/english/docs_e/legal_e/final_e.htm Agreements administered by the WTO]
**{{PDFlink|[http://www.wto.org/english/res_e/booksp_e/anrep_e/anrep05_e.pdf WTO 10th Anniversary]|1.40 MB}} — Highlights of the first decade, Annual Report 2005 pages 116-166
**[http://www.intracen.org/ International Trade Centre] - joint UN/WTO agency
===Government pages on the WTO===
*[http://ec.europa.eu/trade/issues/newround/ European Union position on the WTO]
===Media pages on the WTO===
*[http://seattletimes.nwsource.com/wto/gallery/photo1.html World Trade Organization]
*[http://news.bbc.co.uk/1/hi/world/europe/country_profiles/2429503.stm BBC News — Profile: WTO]
*[http://www.guardian.co.uk/wto/ Guardian Unlimited - Special Report: The World Trade Organisation] ongoing coverage
===Non-governmental organization pages on the WTO===
*[http://www.gatt.org Gatt.org] - Parody of official WTO page by [[The Yes Men]]
*[http://www.citizen.org/trade/wto/ Public Citizen]
*[http://www.tni.org/archives/news_wto-news Transnational Institute: Beyond the WTO]
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