ವಿಶ್ವ ವ್ಯಾಪಾರ ಸಂಸ್ಥೆ: ಪರಿಷ್ಕರಣೆಗಳ ನಡುವಿನ ವ್ಯತ್ಯಾಸ

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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>

 

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{{See also|Timeline of the World Trade Organization}}

 

'''Gunjan Kothari'''

Mihir Soni

{{See also|International Trade Organization}}

 

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>

 

{{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>

 

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"/>

 

{{main|Uruguay Round}}

 

 

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 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>

 

{{Main|Doha Round}}

 

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>

{{GATT and WTO trade rounds|state=collapsed}}

 

Among the various functions of the WTO, these are regarded by analysts as the most important:

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"/>

 

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:

 

The General Council has multiple bodies which oversee committees in different areas, and they are the following:

 

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.

 

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}}

 

[[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

 

{{Main|Dispute settlement in the WTO}}

 

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>

 

{{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>

 

 

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>

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>

 

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.

 

{{Main|Uruguay Round}}

 

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