国际商法 WTO介绍

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WTO – an overview (Cont.) • The core of the WTO system is the WTO agreements. • The WTO agreements specify the rules for carrying out cross-border trade. • The WTO agreements are of a contractual nature, having a binding force upon all the relating governments; member nations have to have their trade policies properly made and implemented in line with the WTO rules and principles.
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The Bretton Woods Conference (Cont.)
• The Bretton Woods Conference also attempted to liberalize international trade. • The recommendation was to establish the International Trade Organization (to regulate international trade). • The proposed International Trade Organization eventually failed to be established.
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The WTO Agreements (Cont.)
The WTO agreements for goods and services have a three-part outline • Principles – (i) General Agreement on Tariffs and trade (GATT); (ii) General Agreement on Trade in Services (GATS); (iii) Trade-Related Aspects of Intellectual Property Rights (TRIPS). • Extra agreements/annexes on special requirements of specific sectors/issues. • Commitments of member countries allowing specific foreign products/service providers 14 access to their markets (schedules).
International Business Law
Lecture 2 (re-cap)
The World Trade Organization
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The Origin of the WTO
• The predecessor of the WTO - the General Agreement on Tariffs and Trade (GATT). • The multilateral attempt in the 1940s to improve the post-Second World War world economy.
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WTO – an overview (Cont.)
• The WTO agreements seek to ensure that international trade freely flows as far as possible. • The WTO agreements boosts the confidence of private individuals, business enterprises and governments. • The WTO wants to make sure that there are sufficient trade rules in each and every place of the world which are transparent, fair and predictable.
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GATT and WTO
• Under GATT, 8 rounds of multilateral trade negotiations were concluded. • GATT was in force until the conclusion of the Uruguay Round Agreements in Marrakesh in 1994. • The Uruguay Round Agreements established the World Trade Organization on 1 January 1995 (as a successor to GATT). • The GATT still has effects under the WTO system (on the basis of the modifications of the GATT 1994 version). 6
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GATT
• The General Agreement on Tariffs and Trade (GATT) was reached, instead. • The purpose of GATT was the substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis. • GATT came into force on 1 January 1948.
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The WTO Agreements (Cont.)
Normally those agreements bear a simple structure with six parts: • An umbrella agreement (the Agreement Establishing the WTO). • Agreements for trading goods. • Agreements for trading services. • Agreements for intellectual property. • Dispute settlement. • Reviews of governments’ trade policies.
GATT and WTO (Cont.) • Under the WTO, a new round of negotiations, the Doha Round, started in 2001 and is still not yet to conclude. • During the ongoing Doha Round, Bali Package was signed in 2013. • GATT and WTO successfully reduced tariffs - the average tariff levels were 22% in 1947, and lowered to 5% after the Uruguay Round.
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The Bretton Woods Conference • In July 1944, the 44 allied nations of the Second World War participated in a conference at Bretton Woods in New Hampshire, US. • Agreements were reached to set up the International Bank for Reconstruction and Development (the World Bank) and the International Monetary Fund (IMF).
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GATT and WTO (Cont.) • GATT was focused on trade in goods. • After the Uruguay Round, the scope of the WTO was extended, covering goods, services, intellectual property protection, trade-related foreign investment, etc. • The WTO offers a mechanism for dispute resolution between member states. • However, at the present time, not all aspects of international business are part of the WTO framework.
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The WTO Agreements
The WTO agreements mainly relate to trade in goods, trade in services, and trade-related intellectual property protection and foreign investment. • Advocating principles of liberalization. • Accepting permitted exceptions. • Illustrating member countries’ commitments to lowering trade barriers and opening up markets. • Showing procedures for settling disputes. • Allowing special treatment for developing countries. • Requesting various governments to make their trade policies clear, transparent and predictable.
The WTO Agreements (Cont.)
The WTO agreements deal with certain specific sectors. For goods (under GATT), they deal with • Agriculture. • Health regulations for farm products. • Textiles and clothing. • Product standards. • Investment measures. • Anti-dumping measures. • Customs valuation methods. • Pre-shipment inspection. • Rules of origin. • Import licensing. • Subsidies and counter-measures. 15 • Safeguards.
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WTO – an overview
• The WTO now has 164 members. • A Secretariat is in charge of running the daily activities of the WTO. • The Secretariat is led by the WTO Director-General. • English, French and Spanish are the three official languages of the WTO. • The Secretariat is located in Geneva, Switzerland.
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