World trade organisation an overview
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WORLD TRADE ORGANISATION: AN OVERVIEW. BACKGROUND. Great Depression, Protectionism and the Consequences Bretton Woods Institutions GATT 1947 and Failure of the International Trade Organisation (ITO) GATT Negotiating Rounds. WTO AGREEMENT STRUCTURE. Single Undertaking

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WORLD TRADE ORGANISATION: AN OVERVIEW

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World trade organisation an overview

WORLD TRADE ORGANISATION: AN OVERVIEW


Background

BACKGROUND

  • Great Depression, Protectionism and the Consequences

  • Bretton Woods Institutions

  • GATT 1947 and Failure of the International Trade Organisation (ITO)

  • GATT Negotiating Rounds


Wto agreement structure

WTO AGREEMENT STRUCTURE

  • Single Undertaking

  • Marrakesh Agreement Establishing the WTO

  • Annex 1- Annex 1A (goods) Annex 1B (GATS) Annex IC (TRIPs)

  • Annex 2-Dispute Settlement Understanding

  • Annex 3-Trade Policy Review Mechanism

  • Annex 4-Plurilateral Agreements


Wto structure

WTO STRUCTURE

  • Membership

  • Ministerial Conference

  • General Council, Dispute Settlement Body, Trade Policy Review Body

  • Councils and Committees


Wto structure contd

WTO STRUCTURE-Contd.

  • Secretariat

  • Decision Making Process

  • Authoritative Interpretation of WTO Agreements

  • Waiver from obligations

  • Amendment to WTO Agreements


Annex 1a agreements

ANNEX 1A AGREEMENTS

GATT 1994

  • Difference between GATT 1947 and GATT 1994

  • Rules governing trade in goods:

    1. General Elimination of Quantitative Restrictions (Art. XI), Article II


Gatt 1994 contd

GATT 1994-CONTD.

2. Non-Discrimination

(a) Most Favoured Nation Treatment Art. I

(b) National Treatment Art. III

3. Other Obligations: Customs valuation, Transparency, fees and formalities, marks of origin, freedom of transit.


Exceptions

Exceptions

  • General Exceptions under Article XX

  • Security Exceptions Article XXI

  • Regional Trade Agreement

  • Government Procurement


Protective clauses

PROTECTIVE CLAUSES

TO PROTECT THE ECONOMY

  • Balance of payment problems

  • Provisions for developing countries

    TO PROTECT INDUSTRIES

  • Antidumping

  • Safeguards

  • Subsidies and CountervailingDuties


Other agreements in annex 1a

OTHER AGREEMENTS IN ANNEX 1A

  • 12 Other Agreements

  • Elaborate disciplines for the basic provisions in GATT 1994

  • New Issues-TRIMs (Canada-FIRA), Agriculture and Textiles and Clothing


Annex 1b gats

ANNEX 1B-GATS

  • Negotiating History

  • Framework for progressive liberalisation

  • Positive List Approach

  • Further Development of Rules


Annex ic trips

ANNEX IC-TRIPS

  • Negotiating History

  • Minimum Protection

  • Seven IPRs

  • Non-Discrimination

  • Responsibility of Enforcement on Members

  • Novartis AG vs. Union of India(Decided On: 06.08.2007)


Annex 2 dispute settlement understanding

ANNEX 2DISPUTE SETTLEMENT UNDERSTANDING

  • Article XXII and XXIII of GATT and GATS and Art. 64 of TRIPs

  • DSB: to administer DSU


World trade organisation an overview

The dispute settlement system of the WTO is the central element in providing security and predictability to the multilateral trading system. The Members recognise tat it serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules interpretation of public international law. Recommendations and rulings of the DSB cannot add or diminish the rights and obligations provided in the covered agreements.-Art. 3:2


Dsu contd

DSU CONTD.

  • Consultation, conciliation, good offices, mediation, Arbitration and adjudication.

  • Panel

  • Appellate Body

  • Parties-Amicus Curiae Briefs

  • Positive and Negative Consensus

  • Implementation

  • Issue of precedent

  • Issue of Institutional Balance


Thank you

THANK YOU


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