建立世界贸易组织协定(中英)

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建立世界贸易组织马拉喀什协定 (AGREEMENT ESTABLISHING THE WORLD TRADE ORGANIZATION)

AGREEMENT ESTABLISHING THEWORLD TRADE ORGANIZATIONThe Parties to this Agreement,Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world's resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,Agree as follows:Article IEstablishment of the OrganizationThe World Trade Organization (hereinafter referred to as "the WTO") is hereby established.Article IIScope of the WTO1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.2. The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as "Multilateral Trade Agreements") are integral parts of this Agreement, binding on all Members.3. The agreements and associated legal instruments included in Annex 4 (hereinafter referred to as "Plurilateral Trade Agreements") are also part of this Agreement for those Members that have accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that have not accepted them.4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafterreferred to as "GATT 1994") is legally distinct from the General Agreement on Tariffs and Trade,dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, assubsequently rectified, amended or modified (hereinafter referred to as "GATT 1947").Article IIIFunctions of the WTO1. The WTO shall facilitate the implementation, administration and operation, and further theobjectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide theframework for the implementation, administration and operation of the Plurilateral Trade Agreements.2. The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference.3. The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the "Dispute Settlement Understanding" or "DSU") in Annex 2 to this Agreement.4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the "TPRM") provided for in Annex 3 to this Agreement.5. With a view to achieving greater coherence in global economic policy-making, the WTO shall cooperate, as appropriate, with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.Article IVStructure of the WTO1. There shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member, in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement.2. There shall be a General Council composed of representatives of all the Members, which shall meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rules of procedure for the Committees provided for in paragraph 7.3. The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.4. The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.5. There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "Council for TRIPS"), which shall operate under the general guidance of the General Council. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as "GATS"). The Council for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the "Agreement on TRIPS"). These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council. They shall establish their respective rules of procedure subject to the approval of the General Council. Membership in these Councils shall be open to representatives of all Members. These Councils shall meet as necessary to carry out their functions.6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils.7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish such additional Committees with such functions as it may deem appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least-developed country Members and report to the General Council for appropriate action. Membership in these Committees shall be open to representatives of all Members.8. The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bodies shall keep the General Council informed of their activities on a regular basis.Article VRelations with Other Organizations1. The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that have responsibilities related to those of the WTO.2. The General Council may make appropriate arrangements for consultation and cooperation with non-governmental organizations concerned with matters related to those of the WTO.Article VIThe Secretariat1. There shall be a Secretariat of the WTO (hereinafter referred to as “the Secretariat”) headed by a Director-General.2. The Ministerial Conference shall appoint the Director-General and adopt regulations settingout the powers, duties, conditions of service and term of office of the Director-General.3. The Director-General shall appoint the members of the staff of the Secretariat and determinetheir duties and conditions of service in accordance with regulations adopted by the MinisterialConference.4. The responsibilities of the Director-General and of the staff of the Secretariat shall beexclusively international in character. In the discharge of their duties, the Director-General and thestaff of the Secretariat shall not seek or accept instructions from any government or any other authority external to the WTO. They shall refrain from any action which might adversely reflect ontheir position as international officials. The Members of the WTO shall respect the internationalcharacter of the responsibilities of the Director-General and of the staff of the Secretariat and shall notseek to influence them in the discharge of their duties.Article VIIBudget and Contributions1. The Director-General shall present to the Committee on Budget, Finance and Administrationthe annual budget estimate and financial statement of the WTO. The Committee on Budget, Financeand Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The annual budget estimate shall be subject to approval by the General Council.2. The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out:(a) the scale of contributions apportioning the expenses of the WTO among its Members;and(b) the measures to be taken in respect of Members in arrears.The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT 1947.3. The General Council shall adopt the financial regulations and the annual budget estimate by a two-thirds majority comprising more than half of the Members of the WTO.4. Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in accordance with the financial regulations adopted by the General Council.Article VIIIStatus of the WTO1. The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions.2. The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions.3. The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO.4. The privileges and immunities to be accorded by a Member to the WTO, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947.5. The WTO may conclude a headquarters agreement.Article IXDecision-Making1. The WTO shall continue the practice of decision-making by consensus followed under GATT 1947.1 Except as otherwise provided, where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their member States2 which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant Multilateral Trade Agreement.32. The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X.3. In exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three fourths4 of the Members unless otherwise provided for in this paragraph.(a) A request for a waiver concerning this Agreement shall be submitted to theMinisterial Conference for consideration pursuant to the practice of decision-makingby consensus. The Ministerial Conference shall establish a time-period, which shallnot exceed 90 days, to consider the request. If consensus is not reached during thetime-period, any decision to grant a waiver shall be taken by three fourths4 of theMembers.1 The body concerned shall be deemed to have decided by consensus on a matter submitted for its consideration, if no Member, present at the meeting when the decision is taken, formally objects to the proposed decision.2 The number of votes of the European Communities and their member States shall in no case exceed the number of the member States of the European Communities.3 Decisions by the General Council when convened as the Dispute Settlement Body shall be taken only in accordance with the provisions of paragraph4 of Article 2 of the Dispute Settlement Understanding.4 A decision to grant a waiver in respect of any obligation subject to a transition period or a period for staged implementation that the requesting Member has not performed by the end of the relevant period shall be taken only by consensus.(b) A request for a waiver concerning the Multilateral Trade Agreements in Annexes 1Aor 1B or 1C and their annexes shall be submitted initially to the Council for Trade inGoods, the Council for Trade in Services or the Council for TRIPS, respectively, forconsideration during a time-period which shall not exceed 90 days. At the end of thetime-period, the relevant Council shall submit a report to the Ministerial Conference.4. A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision, the terms and conditions governing the application of the waiver, and the date on which the waiver shall terminate. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine whether the exceptional circumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual review, may extend, modify or terminate the waiver.5. Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and waivers, shall be governed by the provisions of that Agreement.Article XAmendment s1. Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members for acceptance shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance. If consensus is not reached at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.2. Amendments to the provisions of this Article and to the provisions of the following Articles shall take effect only upon acceptance by all Members:Article IX of this Agreement;Articles I and II of GATT 1994;Article II:1 of GATS;Article 4 of the Agreement on TRIPS.3. Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights and obligations of the Members, shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has notaccepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference.4. Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter the rights and obligations of the Members, shall take effect for all Members upon acceptance by two thirds of the Members.5. Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference. Amendments to Parts IV, V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds of the Members.6. Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial Conference without further formal acceptance process.7. Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within the period of acceptance specified by the Ministerial Conference.8. Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference.9. The Ministerial Conference, upon the request of the Members parties to a trade agreement, may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference, upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.10. Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XIOriginal Membership1. The contracting parties to GATT 1947 as of the date of entry into force of this Agreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and Commitments are annexed to GATT 1994 and for which Schedules of Specific Commitments are annexed to GATS shall become original Members of the WTO.2. The least-developed countries recognized as such by the United Nations will only be required to undertake commitments and concessions to the extent consistent with their individual development, financial and trade needs or their administrative and institutional capabilities.Article XIIAccession1. Any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto.2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the WTO.3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XIIINon-Application of Multilateral Trade Agreementsbetween Particular Members1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply as between any Member and any other Member if either of the Members, at the time either becomes a Member, does not consent to such application.2. Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was effective as between those contracting parties at the time of entry into force for them of this Agreement.3. Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application has so notified the Ministerial Conference before the approval of the agreement on the terms of accession by the Ministerial Conference.4. The Ministerial Conference may review the operation of this Article in particular cases at the request of any Member and make appropriate recommendations.5. Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be governed by the provisions of that Agreement.Article XIVAcceptance, Entry into Force and Deposit1. This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties to GATT 1947, and the European Communities, which are eligible to become original Members of the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the UruguayRound of Multilateral Trade Negotiations and shall remain open for acceptance for a period of two years following that date unless the Ministers decide otherwise. An acceptance following the entry into force of this Agreement shall enter into force on the 30th day following the date of such acceptance.2. A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period of time starting with the entry into force of this Agreement as if it had accepted this Agreement on the date of its entry into force.3. Until the entry into force of this Agreement, the text of this Agreement and the Multilateral Trade Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. The Director-General shall promptly furnish a certified true copy of this Agreement and the Multilateral Trade Agreements, and a notification of each acceptance thereof, to each government and the European Communities having accepted this Agreement. This Agreement and the Multilateral Trade Agreements, and any amendments thereto, shall, upon the entry into force of this Agreement, be deposited with the Director-General of the WTO.4. The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement. Such Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such Agreements shall be deposited with the Director-General of the WTO.Article XVWithdrawal1. Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Director-General of the WTO.2. Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XVIMiscellaneous Provisions1. Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.2. To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the WTO, and the Director-General to the CONTRACTING PARTIES to GATT 1947, until such time as the Ministerial Conference has appointed a Director-General in accordance with paragraph 2 of Article VI of this Agreement, shall serve as Director-General of the WTO.3. In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.。

马拉喀什建立世界贸易组织协定

马拉喀什建立世界贸易组织协定本协定各参加方，认识到在处理它们在贸易和经济领域的关系时，应以提高生活水平、保证充分就业、保证实际收入和有效需求的大幅稳定增长以及扩大货物和服务的生产和贸易为目的，同时应依照可持续发展的目标，考虑对世界资源的最佳利用，寻求既保护和维护环境，又以与它们各自在不同经济发展水平的需要和关注相一致的方式，加强为此采取的措施，进一步认识到需要作出积极努力，以保证发展中国家、特别是其中的最不发达国家，在国际贸易增长中获得与其经济发展需要相当的份额，期望通过达成互惠互利安排，实质性削减关税和其他贸易壁垒，消除国际贸易关系中的歧视待遇，从而为实现这些目标作出贡献，因此决定建立一个完整的、更可行的和持久的多边贸易体制，以包含《关税与贸易总协定》、以往贸易自由化努力的结果以及乌拉圭回合多边贸易谈判的全部结果，决心维护多边贸易体制的基本原则，并促进该体制目标的实现，协议如下：第1条WTO的建立特此建立世界贸易组织（下称" WTO"）。

第2条WTO的范围1．WTO在与本协定附件所含协定和相关法律文件有关的事项方面，为处理其成员间的贸易关系提供共同的组织机构。

2．附件1、附件2和附件3所列协定及相关法律文件（下称"多边贸易协定"购本协定的组成部分，对所有成员具有约束力。

3．附件4所列协定及相关法律文件（下称"诸边贸易协定"），对于接受的成员，也属本协定的一部分，并对这些成员具有约束力。

诸边贸易协定对于未接受的成员既不产生权利也不产生义务。

4．附件1A所列《1994年关税与贸易总协定》（下称"GATT1994"）在法律上不同于1947年10月30日的《关税与贸易总协定》，后者附在《联合国贸易与就业会议筹备委员会第二次会议结束时通过的最后文件》之后，以后又历经更正、修正或修改（下称"GATT1947"）。

WTO协定的主要内容

世界贸易组织
三、 WTO协定的主要内容
WTO的组织机构（1）部长级会议。由全体成员国代表组成，是 WTO最高权力机构，拥有对重大事务的决策权，至少每两年召开一次。（2）总理事会。由各成员国代表组成，负责日常监督各项协议和部长会议所作决定的贯彻执行情况，并作为统一的争端解决机构和贸易政策评审机构发挥作用。总理事会下设货物贸易、服务贸易和知识产权3个分理事会，负责监管各自领域内协议执行情况，并履行总理事会所赋予的其他职责。
WTO的成员资格（1）世界贸易组织的创始成员。 ①世界贸易组织协议生效时，已是关贸总协定的缔约国。 ②签署参加、一揽子接受乌拉圭回合的所有协议。 ③在乌拉圭回合中做出关税和非关税减让，以及服务贸易的减让。
世界贸易组织
三、 WTO协定的主要内容
WTO的成员资格（2）新加入世界贸易组织的成员。凡在世界贸易组织协议生效后，任何国家或在对外商业关系上拥有充分自主权的单独关税地区，可以向世界贸易组织提出加入申请，进行全面谈判，按谈妥的条件加入该组织，成为一般成员。其加入须经部长会议三分之二以上多数表决通过。任何成员方可以退出世界贸易组织，一旦退出即不再是WTO的缔约方。退出从递交退出通知被总干事接受6个月后生效。
世界贸易组织
三、 WTO协定的主要内容
WTO的宗旨通过签订旨在大幅削减关税和其他贸易壁垒以及在国际贸易关系中取消这些歧视待遇的议定书和互惠安排，为这些目标做出贡献；维护关贸总协定的基本原则和进一步完成关贸总协定的目标，发展一个综合性的、更加有活力的、持久的多边贸易制度，包括经过修改过的关贸总协定和它主持下达成的所有守则和协议，以及乌拉圭回合多边贸易谈判的全部成果。
WTO的组织机构世界贸易组织机构图如图7-3所示。

中国加入wto议定书(中英文定本)

ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINA关于中华人民共和国加入的决定2001年11月10日Decision of 10 November 2001部长级会议，The Ministerial Conference,考虑到《马拉喀什建立世界贸易组织协定》第12条第2款和第9条第1款，以及总理事会议定的在《马拉喀什建立世界贸易组织协定》第12条和第9条的下决策程序（WT/L/93），Having regard to paragraph 2 of Article XII and paragraph 1 of Article IX of the Marrakesh Agreement Establishing the World Trade Organization, and the Decision-Making Procedures under Articles IX and XII of the Marrakesh Agreement Establishing the World Trade Organization agreed by the General Council(WT/L/93),注意到1995年12月7日中华人民共和国关于加入《马拉喀什建立世界贸易组织协定》的申请，Taking note of the application of the People's Republic of China for accession to the Marrakesh Agreement Establishing the World Trade Organization dated 7 December 1995,注意到旨在确定中华人民共和国加入《马拉喀什建立世界贸易组织协定》条件的谈判结果，并已制定《中华人民共和国加入议定书》，Noting the results of the negotiations directed toward the establishment of the terms of accession of the People's Republic of China to the Marrakesh Agreement Establishing the World Trade Organization and having prepared a Protocol on the Accession of the People's Republic of China,决定如下：Decides as follows:中华人民共和国可根据本决定所附议定书中所列条款和条件加入《马拉喀什建立世界贸易组织协定》。

TRIPS_与贸易有关的知识产权协定中英文对照

TRIPS_与贸易有关的知识产权协定中英文对照Intellectual Property Rights与贸易有关的知识产权协定〔TRIPS协定是1994年4月15日在摩洛哥马拉喀什签署的«成立世界贸易组织马拉喀什协定»中的附件1C。

）The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.与贸易有关的知识产权协定的前言PREAMBLE to the Agreement on Trade-Related Aspects of Intellectual Property Rights第一部分总那么和差不多原那么PART I General Provisions and Basic Principles第二部分关于知识产权的效力、范畴和应用时的规范PART II Standards Concerning the Availability, Scope and Use of Intellectual Property Rights1. 著作权和相关的权益Copyright and Related Rights2. 商标Trademarks3. 地理标识Geographical Indications4. 工业品外观设计Industrial Designs5. 专利Patents6. 集成电路布局设计〔拓扑图〕Layout-Designs (Topographies) of Integrated Circuits7. 对未公布信息的爱护Protection of Undisclosed Information8.对许可契约中限制竞争行为的抑制Control of Anti-Competitive Practices in Contractual Licences第三部分知识产权的实施PART III Enforcement of Intellectual Property Rights1. 差不多责任General Obligations2. 民事和行政程序及其救济措施Civil and Administrative Procedures and Remedies3. 临时措施Provisional Measures4. 与边境措施相关的专门要求Special Requirements Related to Border Measures5. 刑事程序Criminal Procedures第四部分知识产权的取得和坚持以及当事人之间的相关程序PART IV Acquisition and Maintenance of Intellectual Property Rights and RelatedInter-Partes Procedures第五部分争端的防止和解决PART V Dispute Prevention and Settlement第六部分过渡性安排PART VI Transitional Arrangements第七部分机构安排；最后条款PART VII Institutional Arrangements; Final Provisions全体成员，Members,因期望减少国际贸易中的被扭曲与障碍，认为必须提高知识产权有效和充分的爱护，并应同时确保知识产权行施中的措施和程序其本身不成为合法贸易中的障碍；因此确认需要以下方面的新规那么和自律准那么：Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade;Recognizing, to this end, the need for new rules and disciplines concerning:(a)关于«1994年关贸总协定〔GATT〕»和有关国际知识产权协定或公约差不多原那么的应用；the applicability of the basic principles of GATT 1994 and of relevant internationalintellectual property agreements or conventions;(b) 关于涉及贸易的知识产权的效力、范畴和应用的适用规范和原那么性规定;the provision of adequate standards and principles concerning the availability, scopeand use of trade-related intellectual property rights;(c) 关于在考虑各国法律制度之间差异的前提下，实施涉及贸易的知识产权时有效与适宜方式的规定；the provision of effective and appropriate means for the enforcement of trade-relatedintellectual property rights, taking into account differences in national legal systems;(d) 关于多边参与防止和解决政府间争端的有效与迅速的反应程序的规定；以及the provision of effective and expeditious procedures for the multilateral preventionand settlement of disputes between governments; and(e) 关于为充分分享国际谈判的成果所进行的过渡性安排；transitional arrangements aiming at the fullest participation in the results of thenegotiations;且确认，需要拥有一个关于处理国际贸易中假冒商品问题的原那么、规那么和纪律的多边框架；Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods;且确认，知识产权属于私权；Recognizing that intellectual property rights are private rights;且确认，知识产权国家爱护制度中差不多的政府政策目标，包括开发爱护的目标和技术爱护的目标；Recognizing the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives;且确认，最不发达国家成员国内法律法规实施时关于最高灵活性的专门需求，从而使其在本协定实施时能具备健全可行的技术性基础；Recognizing also the special needs of the least-developed country Members in respect of maximum flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base;需要强调，通过多边程序解决与贸易有关的知识产权争端，重视承诺，从而减少紧张关系的重要性；Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through multilateral procedures;期望在WTO与世界知识产权组织〔本协定中简称〝WIPO〞〕以及其他有关国际组织之间建立一种相互支持的关系；Desiring to establish a mutually supportive relationship between the WTO and the World Intellectual Property Organization (referred to in this Agreement as 〝WIPO〞) as well as other relevant international organizations;因此通过协定如下：Hereby agree as follows:第一部分总那么和差不多原那么Part I — General Provisions and Basic Principles第1条责任的性质和范畴Article 1 Nature and Scope of Obligations1. 各成员均必须实行本协定中的规定，各成员能够但并无义务，在其法律中实施比本协定要求更广泛的爱护，只要此种爱护不违反本协定的规定。

世界贸易组织协定条文

世界贸易组织协定条文摘要：：1.世界贸易组织协定的背景和重要性2.世界贸易组织协定的主要内容3.世界贸易组织协定的作用和影响4.我国在世界贸易组织协定中的地位和贡献5.未来世界贸易组织协定的发展趋势和挑战正文：世界贸易组织协定（World Trade Organization Agreement，简称WTO 协定）是国际贸易领域中最为重要的多边贸易协定之一，旨在降低贸易壁垒、促进全球贸易自由化、推动经济增长和发展。

该协定于1995 年1 月1 日生效，目前拥有164 个成员国，占全球贸易总额的98%。

1.世界贸易组织协定的背景和重要性世界贸易组织协定的背景可以追溯到20 世纪40 年代末开始的关贸总协定（GATT）谈判。

经过多次谈判和改革，1995 年世界贸易组织正式成立，取代了之前的关贸总协定。

世贸组织协定的重要性在于为国际贸易提供了一个稳定的制度框架，有助于各国之间建立更加公平、自由的贸易关系。

2.世界贸易组织协定的主要内容WTO 协定包括序言、货物贸易多边协定、服务贸易总协定、知识产权协定和贸易政策审议机制等部分。

其中，货物贸易多边协定是世贸组织协定的核心内容，规定了成员国在货物贸易方面的关税和非关税壁垒的削减义务。

3.世界贸易组织协定的作用和影响世贸组织协定的实施，降低了国际贸易壁垒，促进了全球贸易自由化，对世界经济和贸易发展产生了积极影响。

然而，WTO 协定在贸易争端解决、发展中国家待遇等方面仍存在一定的局限性，需要进一步改革和完善。

4.我国在世界贸易组织协定中的地位和贡献我国于2001 年正式加入世贸组织，成为该组织的正式成员。

入世以来，我国一直积极参与世贸组织的各项活动，推动全球贸易自由化进程，为世界经济和贸易发展做出了重要贡献。

TRIPS_及贸易有关的知识产权协定中英文对照

TRIPS: TEXT OF THE AGREEMENTAgreement on Trade-Related Aspects of Intellectual Property Rights与贸易有关的知识产权协定（ TRIPS协定是1994年4月15日在摩洛哥马拉喀什签署的《成立世界贸易组织马拉喀什协定》中的附件1C。

）The TRIPS Agreement is Annex 1C of the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.与贸易有关的知识产权协定的前言PREAMBLE to the Agreement on Trade-Related Aspects of Intellectual Property Rights第一部分总则和基本原则PART I General Provisions and Basic Principles第二部分关于知识产权的效力、范畴和应用时的规范PART II Standards Concerning the Availability, Scope and Use of Intellectual Property Rights1. 著作权和相关的权利Copyright and Related Rights2. 商标Trademarks3. 地理标识Geographical Indications4. 工业品外观设计Industrial Designs5. 专利Patents6. 集成电路布局设计（拓扑图）Layout-Designs (Topographies) of Integrated Circuits7. 对未公开信息的保护Protection of Undisclosed Information8.对许可契约中限制竞争行为的抑制Control of Anti-Competitive Practices in Contractual Licences 第三部分知识产权的实施PART III Enforcement of Intellectual Property Rights1. 基本责任General Obligations2. 民事和行政程序及其救济措施Civil and Administrative Procedures and Remedies3. 临时措施Provisional Measures4. 与边境措施相关的专门要求Special Requirements Related to Border Measures5. 刑事程序Criminal Procedures第四部分知识产权的取得和维持以及当事人之间的相关程序PART IV Acquisition and Maintenance of Intellectual Property Rights and RelatedInter-Partes Procedures第五部分争端的防止和解决PART V Dispute Prevention and Settlement第六部分过渡性安排PART VI Transitional Arrangements第七部分机构安排；最后条款PART VII Institutional Arrangements; Final Provisions全体成员，Members,因渴望减少国际贸易中的被扭曲与障碍，认为必须提高知识产权有效和充分的保护，并应同时确保知识产权行施中的措施和程序其本身不成为合法贸易中的障碍；所以确认需要下列方面的新规则和自律准则：Desiring to reduce distortions and impediments to international trade, and taking into account the need to promote effective and adequate protection of intellectual property rights, and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade; Recognizing, to this end, the need for newrules and disciplines concerning:(a)关于《1994年关贸总协定（GATT）》和有关国际知识产权协定或公约基本原则的应用；the applicability of the basic principles of GATT 1994 and of relevant international intellectual property agreements or conventions;(b) 关于涉及贸易的知识产权的效力、范畴和应用的适用规范和原则性规定;the provision of adequate standards and principles concerning the availability, scope and use of trade-related intellectual property rights;(c) 关于在考虑各国法律制度之间差异的前提下，实施涉及贸易的知识产权时有效与适宜方式的规定；the provision of effective and appropriate means for the enforcement of trade-related intellectual property rights, taking into account differences in national legal systems;(d) 关于多边参与防止和解决政府间争端的有效与迅速的反应程序的规定；以及the provision of effective and expeditious procedures for the multilateral prevention and settlement of disputes between governments; and(e) 关于为充分分享国际谈判的成果所进行的过渡性安排；transitional arrangements aiming at the fullest participation in the results of the negotiations;且确认，需要拥有一个关于处理国际贸易中假冒商品问题的原则、规则和纪律的多边框架；Recognizing the need for a multilateral framework of principles, rules and disciplines dealing with international trade in counterfeit goods;且确认，知识产权属于私权；Recognizing that intellectual property rights are private rights;且确认，知识产权国家保护制度中基本的政府政策目标，包括开发保护的目标和技术保护的目标；Recognizing the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives;且确认，最不发达国家成员国内法律法规实施时关于最高灵活性的特殊需求，从而使其在本协定实施时能具备健全可行的技术性基础；Recognizing also the special needs of the least-developed country Members in respect of maximum flexibility in the domestic implementation of laws and regulations in order to enable them to create a sound and viable technological base;需要强调，通过多边程序解决与贸易有关的知识产权争端，重视承诺，从而减少紧张关系的重要性；Emphasizing the importance of reducing tensions by reaching strengthened commitments to resolve disputes on trade-related intellectual property issues through multilateral procedures;期望在WTO与世界知识产权组织（本协定中简称“WIPO”）以及其他有关国际组织之间建立一种相互支持的关系；Desiring to establish a mutually supportive relationship between the WTO and the World Intellectual Property Organization (referred to in this Agreement as “WIPO”) as well as other relevant international organizations;因此通过协定如下：Hereby agree as follows:第一部分总则和基本原则Part I — General Provisions and Basic Principles第1条责任的性质和范围Article 1 Nature and Scope of Obligations1. 各成员均必须实行本协定中的规定，各成员可以但并无义务，在其法律中实施比本协定要求更广泛的保护，只要此种保护不违反本协定的规定。

WTO贸易组织法律制度

WTO贸易组织法律制度WTO（World Trade Organization）是一个负责监督和管理国际贸易的国际组织。

WTO的法律制度是建立在其成立文件《世界贸易组织协定》（The Agreement Establishing the World Trade Organization）以及其他相关协定和规则的基础上的。

WTO的法律制度主要包括WTO协定、相关官员任命与选择以及争端解决机制。

首先，WTO的核心法律文书是《世界贸易组织协定》。

该协定规定了WTO的目标、功能和工作机制，并包含了几个重要的原则，例如最惠国待遇、国民待遇、市场准入和公平竞争。

最惠国待遇原则要求成员国对来自其他成员国的产品和服务给予同等待遇，禁止任何形式的歧视。

国民待遇原则要求成员国在对本国产品和服务的处理上，给予与外国产品和服务相同的待遇。

市场准入原则要求成员国减少和消除对进口产品和服务的各种贸易壁垒。

公平竞争原则要求成员国通过禁止或限制不合理的补贴、反倾销措施和竞争政策限制等手段，保护自由、公平和竞争的贸易环境。

其次，WTO的法律制度还包括有关官员任命与选择的规定。

WTO设有总干事和干事会，总干事负责组织和管理WTO的日常工作，干事会是WTO 的最高决策机构。

总干事由成员国共同选举产生，任期为四年，可以连任一次。

同时，WTO还设有其他专门机构和委员会，如市场准入委员会、技术障碍与标准化措施委员会等，这些机构和委员会的成员也是由成员国共同选举产生。

最后，WTO设有争端解决机制，用于解决成员国之间的贸易纠纷。

争端解决机制由争端解决设施和争端解决机构组成，争端解决设施的任务是协助争端解决机构履行职责。

争端解决机构是WTO的专门机构之一，由多位合格成员组成，负责处理成员国之间针对WTO协定的争端。

争端解决机构的程序规则以及争端解决机构的成员资格和任期都在相关的争端解决机制规则中进行了详细规定。

总之，WTO的法律制度是一个综合性且有效的体系，旨在监督和推动全球贸易自由化与公平竞争。

WTO

世界贸易组织一：中英全称GA TT——General Agreement on Tariffs and Trade——关税与贸易总协定WTO——World Trade Organization——世界贸易组织（95年1月1日正式成立）IMF——International Monetary Fund——国际货币基金组织IBRD——International Bank of Reconstruction and Development——国际复兴开发银行GA TT1994——《1994年关税与贸易总协定》GA TS——General Agreement on Trade in Services——《服务贸易总协定》TRIPS——Agreement on Trade-Related Aspects of Intellectual Property Rights——《与贸易有关的知识产权协定》DSB——Dispute settlement body——WTO争端解决机制ICSID——International Center for Settlement of Investment Disputes——解决投资争端国际中心（WB的争端解决机制）TPRB——Trade Policy Review Body ——贸易政策评审机构UNCTAD——United Nations Conference on Trade and Development——联合国贸易与发展会议NGOS——Non-government Organizations——非政府间组织RIAS——Regional Integration agreements——区域经济一体化FTA——Free Trade Area——自由贸易区CU——Customs Union——关税同盟CM——Common Market——共同市场MFN——Most Favored Nation Treatment——最惠国待遇原则National Treatment——国民待遇原则Agreement on Implementation of Article VII of GATT1994——《海关估价协定》Agreement on Preshipment Inspection——《装运前检验协定》Agreement on Rules of Origin——《原产地规则协定》HS——Harmonized Commodity Description and Coding System——《商品名称及编码协调制度》Agreement on Import Licensing Procedures——《进口许可证程序协定》SCM ——Agreement on Subsidies and Countervailing Measures——《补贴与反补贴措施协定》Agreements on Safeguards——《保障措施协定》TBT——Agreement on Technical Barriers to Trade——《贸易技术壁垒协定》SPS——Agreement on the Application of Sanitary and Phytosanitary Measures——《卫生与动植物检疫措施协定》Agreement on Agriculture——《农业协定》TRIMS——Agreement on Trade-Related Investment Measures——《与贸易有关的投资措施协定》二：名词解释祖父条款（grandfather rights）：《临时适用议定书》中规定对GATT实质部分的内容规定，各国均享有优先适用本国业已存在的国内法的权利。

修正《马拉喀什建立世界贸易组织协定》议定书-

修正《马拉喀什建立世界贸易组织协定》议定书（中译本）2014年11月27日决定总理事会；注意到《马拉喀什建立世界贸易组织协定》（《WTO协定》）第10条第1款；根据《WTO协定》第4条第2款，在部长级会议休会期间行使部长级会议职能；忆及2004年8月1日通过的关于根据附件D所列谈判模式启动谈判的总理事会决定及2013年12月7日通过的关于起草将《贸易便利化协定》纳入《WTO 协定》附件1A的修正议定书（下称《议定书》）的部长决定；忆及2001年11月20日多哈部长宣言第47段；忆及多哈部长宣言第2段和第3段、2004年8月总理事会决定附件D以及《贸易便利化协定》第13.2款关于提供能力建设和支持以帮助发展中和最不发达国家实施《贸易便利化协定》条款的重要性；欢迎总干事关于在现有WTO机构内设立《贸易便利化协定》基金的声明，以用于管理各成员为增加在实施《贸易便利化协定》条款方面的补充援助而自愿向WTO提供的支持以及在援助方面与附件D所列机构保持一致；虑及贸易便利化筹备委员会提交的《贸易便利化协定》（WT/L/931）；注意到各方一致同意将拟议修正提交各成员供接受；决定如下：1.特此通过本决定所附《修正<WTO协定>议定书》并提交各成员供接受。

2.《议定书》特此开放供各成员接受。

3.《议定书》应根据《WTO协定》第10条第3款生效。

修正《马拉喀什建立世界贸易组织协定》议定书世界贸易组织各成员；虑及《贸易便利化协定》；注意到WT/L/940号文件所载总理事会决定已根据《马拉喀什建立世界贸易组织协定》（《WTO协定》）第10条第1款获得通过；特此协议如下：1. 自本议定书根据第４款生效时起，《WTO协定》附件1A应予以修正，其中纳入本议定书附件所列《贸易便利化协定》，位列《保障措施协定》之后。

2.未经其他成员同意，不得对本议定书任何条款提出保留。

3.本议定书特此开放供各成员接受。

4.本议定书应依照《WTO协定》第10条第3款生效。

马拉喀什建立世界贸易组织协定

第2条WTO的范围1．WTO在与本协定附件所含协定和相关法律文件有关的事项方面，为处理其成员间的贸易关系提供共同的组织机构。

2．附件1、附件2和附件3所列协定及相关法律文件（下称"多边贸易协定"购本协定的组成部分，对所有成员具有约束力。

3．附件4所列协定及相关法律文件（下称"诸边贸易协定"），对于接受的成员，也属本协定的一部分，并对这些成员具有约束力。

诸边贸易协定对于未接受的成员既不产生权利也不产生义务。

马拉喀什建立世界贸易组织协定(英汉对照)

Marrakesh Agreement Establishing the World TradeOrganization马拉喀什建立世界贸易组织协定（英汉对照）The Parties to this Agreement,本协议各成员Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in accordance with t he objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development, 承认其贸易和经济关系的发展，应旨在提高生活水平，保证充分就业和大幅度稳步提高实际收入和有效需求，扩大货物与服务的生产和贸易，为持续发展之目的扩大对世界资源的充分利用，保护和维护环境，并以符合不同经济发展水平下各自需要的方式，加强采取各种相应的措施；Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,进一步承认有必要作出积极的努力，以确保发展中国家，尤其是最不发达国家，在国际贸易增长中获得与其经济发展相应的份额；Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,期望通过达成互惠互利的安排，切实降低关税和其它贸易壁垒，在国际贸易关系中消除歧视待遇，为实现上述目标作出贡献；Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,从而决心建立一个完整的、更有活力的和持久的多边贸易体系，以包括关税与贸易总协定、以往贸易自由化努力的成果和乌拉圭回合多边贸易谈判的所有成果；Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,决心保持该多边贸易体制的基本原则和加强该体制的目标；Agree as follows:协议如下：Article I Establishment of the Organization第一条组织的建立The World Trade Organization (hereinafter referred to as “the WTO”) is hereby established.建立世界贸易组织（以下简称WTO）Article II Scope of the WTO第二条 WTO的范围1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.1．WTO应为其成员从事与本协议各附件中的协议及其法律文件有关的贸易关系，提供共同的体制框架。

中国入世协定书英文版

PROTOCOL ON THE ACCESSION OF THE PEOPLE'S REPUBLIC OF CHINAPreambleThe World Trade Organization （"WTO"）, pursuant to the approval of the Ministerial Conference of the WTO accorded under Article XII of the Marrakesh Agreement Establishing the World Trade Organization （"WTO Agreement"）, and the People's Republic of China （"China"）,Recalling that China was an original contracting party to the General Agreement on Tariffs and Trade 1947,Taking note that China is a signatory to the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations,Taking note of the Report of the Working Party on the Accession of China in document WT/ACC/CHN/49 （"Working Party Report"）,Having regard to the results of the negotiations concerning China's membership in the WTO,Agree as follows：Part I - General Provisions1. General1. Upon accession, China accedes to the WTO Agreement pursuant to Article XII of that Agreement and thereby becomes a Member of the WTO.2. The WTO Agreement to which China accedes shall be the WTO Agreement as rectified, amended or otherwise modified by such legal instruments as may have entered into force before the date of accession. This Protocol, which shall include the commitments referred to in paragraph 342 of the Working Party Report, shall be an integral part of the WTO Agreement.3. Except as otherwise provided for in this Protocol, those obligations in the Multilateral Trade Agreements annexed to the WTO Agreement that are to be implemented over a period of time starting with entry into force of that Agreement shall be implemented by China as if it had accepted that Agreement on the date of its entry into force.4. China may maintain a measure inconsistent with paragraph 1of Article II of the General Agreement on Trade in Services （"GATS"）provided that such a measure is recorded in the List of Article II Exemptions annexed to this Protocol and meets the conditions of the Annex to the GATS on Article II Exemptions.2. Administration of the Trade Regime（A）Uniform Administration1. The provisions of the WTO Agreement and this Protocol shall apply to the entire customs territory of China, including border trade regions and minority autonomous areas, Special Economic Zones, open coastal cities, economic and technical development zones and other areas where special regimes for tariffs,taxes and regulations are established （collectively referred to as "special economic areas"）.2. China shall apply and administer in a uniform, impartial and reasonable manner all its laws, regulations and other measures of the central government as well as local regulations, rules and other measures issued or applied at the sub-national level （collectively referred to as "laws, regulations and other measures"）pertaining to or affecting trade in goods, services, trade-related aspects of intellectual property rights （"TRIPS"）or the control of foreign exchange.3. China's local regulations, rules and other measures of local governments at the sub-national level shall conform to the obligations undertaken in the WTO Agreement and this Protocol.4. China shall establish a mechanism under which individuals and enterprises can bring to the attention of the national authorities cases ofnon-uniform application of the trade regime.（B）Special Economic Areas1. China shall notify to the WTO all the relevant laws, regulations and other measures relating to its special economic areas, listing these areas by name and indicating the geographic boundaries that define them. China shall notify the WTO promptly, but in any case within 60 days, of any additions or modifications to its special economic areas, including notification of the laws, regulations and other measures relating thereto.2. China shall apply to imported products, including physically incorporated components, introduced into the other parts of China's customs territory from the special economic areas, all taxes, charges and measures affecting imports, including import restrictions and customs and tariff charges, that are normally applied to imports into the other parts of China's customs territory.3. Except as otherwise provided for in this Protocol, in providing preferential arrangements for enterprises within such special economic areas, WTO provisions on non-discrimination and national treatment shall be fully observed.（C）Transparency1. China undertakes that only those laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange that are published and readily available to other WTO Members, individuals and enterprises, shall be enforced. In addition, China shall make available to WTO Members, upon request, all laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange before such measures are implemented or enforced. In emergency situations, laws, regulations and other measures shall be made available at the latest when they are implemented or enforced.2. China shall establish or designate an official journal dedicated to the publication of all laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange and, after publication of its laws, regulations or other measures in such journal, shall provide a reasonable period for comment to the appropriate authorities beforesuch measures are implemented, except for those laws, regulations and other measures involving national security, specific measures setting foreign exchange rates or monetary policy and other measures the publication of which would impede law enforcement. China shall publish this journal on a regular basis and make copies of all issues of this journal readily available to individuals and enterprises.3. China shall establish or designate an enquiry point where, upon request of any individual, enterprise or WTO Member all information relating to the measures required to be published under paragraph 2（C）1 of this Protocol may be obtained. Replies to requests for information shall generally be provided within 30 days after receipt of a request. In exceptional cases, replies may be provided within 45 days after receipt of a request. Notice of the delay and the reasons therefor shall be provided in writing to the interested party. Replies to WTO Members shall be complete and shall represent the authoritative view of the Chinese government. Accurate and reliable information shall be provided to individuals and enterprises.（D）Judicial Review1. China shall establish, or designate, and maintain tribunals, contact points and procedures for the prompt review of all administrative actions relating to the implementation of laws, regulations, judicial decisions and administrative rulings of general application referred to in Article X：1 of the GATT 1994, Article VI of the GATS and the relevant provisions of the TRIPS Agreement. Such tribunals shall be impartial and independent of the agency entrusted withadministrative enforcement and shall not have any substantial interest in the outcome of the matter.2. Review procedures shall include the opportunity for appeal, without penalty, by individuals or enterprises affected by any administrative action subject to review. If the initial right of appeal is to an administrative body, there shall in all cases be the opportunity to choose to appeal the decision to a judicial body. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing. The appellant shall also be informed of any right to further appeal.3. Non-discriminationExcept as otherwise provided for in this Protocol, foreign individuals and enterprises and foreign-funded enterprises shall be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of：（a）the procurement of inputs and goods and services necessary for production and the conditions under which their goods are produced, marketed or sold, in the domestic market and for export；and（b）the prices and availability of goods and services supplied by national and sub-national authorities and public or state enterprises, in areas including transportation, energy, basic telecommunications, other utilities and factors of production.4. Special Trade ArrangementsUpon accession, China shall eliminate or bring into conformity with the WTO Agreement all special trade arrangements, including barter trade arrangements, with third countries and separate customs territories, which are not in conformity with the WTO Agreement.5. Right to Trade1. Without prejudice to China's right to regulate trade in a manner consistent with the WTO Agreement, China shall progressively liberalize the availability and scope of the right to trade, so that, within three years after accession, all enterprises in China shall have the right to trade in all goods throughout the customs territory of China, except for those goods listed in Annex 2A which continue to be subject to state trading in accordance with this Protocol. Such right to trade shall be the right to import and export goods. All such goods shall be accorded national treatment under Article III of the GATT 1994, especially paragraph 4 thereof, in respect of their internal sale, offering for sale, purchase, transportation, distribution or use, including their direct access to end-users. For those goods listed in Annex 2B, China shall phase out limitation on the grant of trading rights pursuant to the schedule in that Annex. China shall complete all necessary legislative procedures to implement these provisions during the transition period.2. Except as otherwise provided for in this Protocol, all foreign individuals and enterprises, including those not invested or registered in China, shall be accorded treatment no less favourable than that accorded to enterprises in China with respect to the right to trade.6. State Trading1. China shall ensure that import purchasing procedures of state trading enterprises are fully transparent, and in compliance with the WTO Agreement, and shall refrain from taking any measure to influence or direct state trading enterprises as to the quantity, value, or country of origin of goods purchased or sold, except in accordance with the WTO Agreement.2. As part of China's notification under the GATT 1994 and the Understanding on the Interpretation of Article XVII of the GATT 1994, China shall also provide full information on the pricing mechanisms of its state trading enterprises for exported goods.7. Non-Tariff Measures1. China shall implement the schedule for phased elimination of the measures contained in Annex 3. During the periods specified in Annex 3, the protection afforded by the measures listed in that Annex shall not be increased or expanded in size, scope or duration, nor shall any new measures be applied, unless in conformity with the provisions of the WTO Agreement.2. In implementing the provisions of Articles III and XI of the GATT 1994 and the Agreement on Agriculture, China shall eliminate and shall not introduce, re-introduce or apply non-tariff measures that cannot be justified under the provisions of the WTO Agreement. For all non-tariff measures, whether or not referred to in Annex 3, that are applied after the date of accession, consistent with the WTO Agreement or this Protocol, China shall allocate and otherwiseadminister such measures in strict conformity with the provisions of the WTO Agreement, including GATT 1994 and Article XIII thereof, and the Agreement on Import Licensing Procedures, including notification requirements.3. China shall, upon accession, comply with the TRIMs Agreement, without recourse to the provisions of Article 5 of the TRIMs Agreement. China shall eliminate and cease to enforce trade and foreign exchange balancing requirements, local content and export or performance requirements made effective through laws, regulations or other measures. Moreover, China will not enforce provisions of contracts imposing such requirements. Without prejudice to the relevant provisions of this Protocol, China shall ensure that the distribution of import licences, quotas, tariff？rate quotas, or any other means of approval for importation, the right of importation or investment by national and sub？national authorities, is not conditioned on：whether competing domestic suppliers of such products exist；or performance requirements of any kind, such as local content, offsets, the transfer of technology, export performance or the conduct of research and development in China.4. Import and export prohibitions and restrictions, and licensing requirements affecting imports and exports shall only be imposed and enforced by the national authorities or by sub-national authorities with authorization from the national authorities. Such measures which are not imposed by the national authorities or by sub-national authorities with authorization from the national authorities, shall not be implemented or enforced.8. Import and Export Licensing1. In implementing the WTO Agreement and provisions of the Agreement on Import Licensing Procedures, China shall undertake the following measures to facilitate compliance with these agreements：（a）China shall publish on a regular basis the following in the official journal referred to in paragraph 2（C）2 of this Protocol：每by product, the list of all organizations, including those organizations delegated such authority by the national authorities, that are responsible for authorizing or approving imports or exports, whether through grant of licence or other approval；每procedures and criteria for obtaining such import or export licences or other approvals, and the conditions for deciding whether they should be granted；每a list of all products, by tariff number, that are subject to tendering requirements, including information on products subject to such tendering requirements and any changes, pursuant to the Agreement on Import Licensing Procedures；每a list of all goods and technologies whose import or export are restricted or prohibited；these goods shall also be notified to the Committee on Import Licensing；每any changes to the list of goods and technologies whose import and export are restricted or prohibited.Copies of these submissions in one or more official languages of the WTO shall be forwarded to the WTO for circulation to WTO Members and for submission to the Committee on Import Licensing within 75 days of each publication.（b）China shall notify the WTO of all licensing and quota requirements remaining in effect after accession, listed separately by HS tariff line and with the quantities associated with the restriction, if any, and the justification for maintaining the restriction or its scheduled date of termination.（c）China shall submit the notification of its import licensing procedures to the Committee on Import Licensing. China shall report annually to the Committee on Import Licensing on its automatic import licensing procedures, explaining the circumstances which give rise to these requirements and justifying the need for their continuation. This report shall also provide the information listed in Article 3 of the Agreement on Import Licensing Procedures.（d）China shall issue import licences for a minimum duration of validity of six months, except where exceptional circumstances make this impossible. In such cases, China shall promptly notify the Committee on Import Licensing of the exceptional circumstances requiring the shorter period of licence validity.2. Except as otherwise provided for in this Protocol, foreign individuals and enterprises and foreign-funded enterprises shall be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of the distribution of import and export licences and quotas.。

WTO法(双语)

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数据库
LEXIS-NEXIS数据库 LEXIS-NEXIS数据库 Journal of International Economic Law PQARL学术研究数据库 PQARL学术研究数据库 Journal of world trade 中国期刊网中国优秀博硕士论文数据库
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Contents
1. Introduction Most2. Most-Favored Nation Clause, MFN 3. National Treatment Clause 4. Subsidies and Countervailing Duties 5. Antidumping 6. Safeguards 7. Trade in Services, GATS 8. Intellectual Property, TRIPS 9. Trade and Investment, TRIMS 10. Enforcement of WTO Obiligations: Remidies and Compliance 11. Future ChalW.M.
网络资源
WTO官方网站 WTO官方网站数据库其它网站
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WTO官方网站 WTO官方网站 /
A-Z List /english/info_e/site_e.htm GATT documents /english/docs_e/gattdocs_e.htm WTO Agreement and other side agreements /english/docs_e/legal_e/final_e.htm
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Introduction
1.3. 1947: Work completed: Tariffs reduction and General Agreement on Tariffs and Trade (GATT) Work put off: Draft an ITO Charter 1.4. Bring the tariff cuts and GATT into force without waiting on the final round of negotiations to form the ITO: Adopt a protocol of provisional application to apply the GATT

2020年(国际贸易)马拉喀什建立世界贸易组织协定(英文本)

（国际贸易）2020年马拉喀什建立世界贸易组织协定(英文本)（国际贸易）2020年马拉喀什建立世界贸易组织协定(英文本)URUGUAY ROUND AGREEMENTMarrakesh Agreement Establishing the World Trade OrganizationFROM: http:///english/docs_e/legal_e/04-wto_e.htmThe Parties to this Agreement,Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the world’s resources in accordance with the objective of sustainable development, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,Recognizing further that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffsand other barriers to trade and to the elimination of discriminatory treatment in international trade relations,Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,Agree as follows:Article I back to topEstablishment of the OrganizationThe World Trade Organization (hereinafter referred to as “the WTO”) is hereby established.Article II back to topScope of the WTO1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement.2. The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as “Multilateral Trade Agreements”) are integral parts of this Agreement, binding on all Members.3. The agreements and associated legal instruments included in Annex 4 (hereina fter referred to as “Plurilateral Trade Agreements”) are also part of this Agreement for those Members that have accepted them, and are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that have not accepted them.4. The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred to as “GATT 1994”) is legally distinct from the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended or modified (hereinafter referred to as “GATT 1947”).Article III back to topFunctions of the WTO1. The WTO shall facilitate the implementation, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements, andshall also provide the framework for the implementation, administration and operation of the Plurilateral Trade Agreements.2. The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference.3. The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the “Dispute Settlement Understanding” or “DSU”) in Annex 2 to this Agreement.4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the “TPRM”) provided for in Annex 3 to this Agreement.5. With a view to achieving greater coherence in global economic policy-making, the WTO shall cooperate, as appropriate, with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.Article IV back to topStructure of the WTO1. There shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member, in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement.2. There shall be a General Council composed of representatives of all the Members, which shall meet as appropriate. In the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rules of procedure for the Committees provided for in paragraph 7.3. The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.4. The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities.5. There shall be a Council for Trade in Goods, a Council for Trade in Services and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Council for TRIPS”), which shall operate under the general guidance of the General Council. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as “GATS”). The Council for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Agreement on TRIPS”). These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council. They shall establish their respective rules of procedure subject to the approval of the General Council. Membership in these Councils shall be open to representatives of all Members. These Councils shall meet as necessary to carry out their functions.6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidiary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils.7. The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee on Budget, Finance and Administration, which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish such additional Committees with such functions as it may deem appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least-developed country Members and report to the General Council for appropriate action. Membership in these Committees shall be open to representatives of all Members. 8. The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bodies shall keep the General Council informed of their activities on a regular basis.Article V back to topRelations with Other Organizations1. The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that have responsibilities related to those of the WTO.2. The General Council may make appropriate arrangements for consultation and cooperation with non-governmental organizations concerned with matters related to those of the WTO.Article VI back to topThe Secretariat1. There shall be a Secr etariat of the WTO (hereinafter referred to as “the Secretariat”) headed by a Director-General.2. The Ministerial Conference shall appoint the Director-General and adopt regulations setting out the powers, duties, conditions of service and term of office of the Director-General.3. The Director-General shall appoint the members of the staff of the Secretariat and determine their duties and conditions of service in accordance with regulations adopted by the Ministerial Conference.4. The responsibilities of the Director-General and of the staff of the Secretariat shall be exclusively international in character. In the discharge of their duties, the Director-General and the staff of the Secretariat shall not seek or accept instructions from any government or any other authority external to the WTO. They shall refrain from any action which might adversely reflect on their position as international officials.The Members of the WTO shall respect the international character of the responsibilities of the Director-General and of the staff of the Secretariat and shall not seek to influence them in the discharge of their duties.Article VII back to topBudget and Contributions1. The Director-General shall present to the Committee on Budget, Finance and Administration the annual budget estimate and financial statement of the WTO. The Committee on Budget, Finance and Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The annual budget estimate shall be subject to approval by the General Council.2. The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out:(a) the scale of contributions apportioning the expenses of the WTO amongits Members; and(b) the measures to be taken in respect of Members in arrears.The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT 1947.3. The General Council shall adopt the financial regulations and the annual budget estimate by a two-thirds majority comprising more than half of the Members of the WTO.4. Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in accordance with the financial regulations adopted by the General Council.Article VIII back to topStatus of the WTO1. The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions.2. The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions.3. The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO.4. The privileges and immunities to be accorded by a Member to the WTO, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of theSpecialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947.5. The WTO may conclude a headquarters agreement.Article IX back to topDecision-Making1. The WTO shall continue the practice of decision-making by consensus followed under GATT 1947(1). Except as otherwise provided, where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their member States(2)which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant Multilateral Trade Agreement(3).2. The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision to adopt aninterpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X.3. In exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three fourths (4) of the Members unless otherwise provided for in this paragraph.(a) A request for a waiver concerning this Agreement shall be submitted tothe Ministerial Conference for consideration pursuant to the practice ofdecision-making by consensus. The Ministerial Conference shall establish atime-period, which shall not exceed 90 days, to consider the request. Ifconsensus is not reached during the time-period, any decision to grant awaiver shall be taken by three fourths4 of the Members.(b) A request for a waiver concerning the Multilateral Trade Agreements inAnnexes 1A or 1B or 1C and their annexes shall be submitted initially to theCouncil for Trade in Goods, the Council for Trade in Services or the Councilfor TRIPS, respectively, for consideration during a time-period which shallnot exceed 90 days. At the end of the time-period, the relevant Councilshall submit a report to the Ministerial Conference.4. A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision, the terms and conditions governingthe application of the waiver, and the date on which the waiver shall terminate. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine whether the exceptional circumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual review, may extend, modify or terminate the waiver.5. Decisions under a Plurilateral Trade Agreement, including any decisions on interpretations and waivers, shall be governed by the provisions of that Agreement.Article X back to topAmendments1. Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which they oversee. Unless the Ministerial Conference decides on a longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to theMembers for acceptance shall be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance. If consensus is not reached at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply.2. Amendments to the provisions of this Article and to the provisions of the following Articles shall take effect only upon acceptance by all Members:Article IX of this Agreement;Articles I and II of GATT 1994;Article II:1 of GATS;Article 4 of the Agreement on TRIPS.3. Amendments to provisions of this Agreement, or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would alter the rights and obligations of the Members, shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it. The MinisterialConference may decide by a three-fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference.4. Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, of a nature that would not alter the rights and obligations of the Members, shall take effect for all Members upon acceptance by two thirds of the Members.5. Except as provided in paragraph 2 above, amendments to Parts I, II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it. The Ministerial Conference may decide by a three-fourths majority of the Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference. Amendments to Parts IV, V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds of the Members.6. Notwithstanding the other provisions of this Article, amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereofmay be adopted by the Ministerial Conference without further formal acceptance process.7. Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director-General of the WTO within the period of acceptance specified by the Ministerial Conference.8. Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference. The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference. Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference.9. The Ministerial Conference, upon the request of the Members parties to a trade agreement, may decide exclusively by consensus to add that agreement to Annex 4. The Ministerial Conference, upon the request of the Members parties to a Plurilateral Trade Agreement, may decide to delete that Agreement from Annex 4.10. Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XI back to topOriginal Membership1. The contracting parties to GATT 1947 as of the date of entry into force of this Agreement, and the European Communities, which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and Commitments are annexed to GATT 1994 and for which Schedules of Specific Commitments are annexed to GATS shall become original Members of the WTO.2. The least-developed countries recognized as such by the United Nations will only be required to undertake commitments and concessions to the extent consistent with their individual development, financial and trade needs or their administrative and institutional capabilities.Article XII back to topAccession1. Any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto.2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the WTO.3. Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XIII back to topNon-Application of Multilateral Trade Agreements between Particular Members1. This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply as between any Member and any other Member if either of the Members, at the time either becomes a Member, does not consent to such application.2. Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was effective as between those contracting parties at the time of entry into force for them of this Agreement.3. Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application has sonotified the Ministerial Conference before the approval of the agreement on the terms of accession by the Ministerial Conference.4. The Ministerial Conference may review the operation of this Article in particular cases at the request of any Member and make appropriate recommendations.5. Non-application of a Plurilateral Trade Agreement between parties to that Agreement shall be governed by the provisions of that Agreement.Article XIV back to topAcceptance, Entry into Force and Deposit1. This Agreement shall be open for acceptance, by signature or otherwise, by contracting parties to GATT 1947, and the European Communities, which are eligible to become original Members of the WTO in accordance with Article XI of this Agreement. Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto. This Agreement and the Multilateral Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and shall remain open for acceptance for a period of two years following that date unless the Ministers decide otherwise. An acceptance following the entry into force of this Agreement shall enter into force on the 30th day following the date of such acceptance.2. A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period of time starting with the entry into force of this Agreement as if it had accepted this Agreement on the date of its entry into force.3. Until the entry into force of this Agreement, the text of this Agreement and the Multilateral Trade Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. The Director-General shall promptly furnish a certified true copy of this Agreement and the Multilateral Trade Agreements, and a notification of each acceptance thereof, to each government and the European Communities having accepted this Agreement. This Agreement and the Multilateral Trade Agreements, and any amendments thereto, shall, upon the entry into force of this Agreement, be deposited with the Director-General of the WTO.4. The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement. Such Agreements shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT 1947. Upon the entry into force of this Agreement, such Agreements shall be deposited with theDirector-General of the WTO.Article XV back to topWithdrawal1. Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Director-General of the WTO.2. Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.Article XVI back to topMiscellaneous Provisions1. Except as otherwise provided under this Agreement or the Multilateral Trade Agreements, the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947.2. To the extent practicable, the Secretariat of GATT 1947 shall become the Secretariat of the WTO, and the Director-General to the CONTRACTING PARTIES to GATT 1947, until such time as the Ministerial Conference has appointed aDirector-General in accordance with paragraph 2 of Article VI of this Agreement, shall serve as Director-General of the WTO.3. In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.4. Each Member shall ensure the conformity of its laws, regulations and administrative procedures with its obligations as provided in the annexed Agreements.5. No reservations may be made in respect of any provision of this Agreement. Reservations in respect of any of the provisions of the Multilateral Trade Agreements may only be made to the extent provided for in those Agreements. Reservations in respect of a provision of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.6. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four, in a single copy, in the English, French and Spanish languages, each text being authentic.Explanatory Notes:back to top。

马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－与贸易有关的投资措施协定

马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－与贸易有关的投资措施协定文章属性•【缔约国】世界贸易组织•【条约领域】贸易•【公布日期】1994.04.15•【条约类别】协定•【签订地点】正文马拉喀什建立世界贸易组织协定－－附件1Ａ：货物贸易多边协定－－与贸易有关的投资措施协定（1994年4月15日）各成员，考虑到部长们在《埃斯特角城宣言》中同意“在审查与投资措施的贸易限制作用和扭曲作用有关的ＧＡＴＴ条款的运用情况之后，谈判应酌情详述为避免此类对贸易的不利影响而可能需要的进一步规定”；期望促进世界贸易的扩大和逐步自由化，便利跨国投资，以便提高所有贸易伙伴、特别是发展中国家成员的经济增长，同时保证自由竞争；考虑到发展中国家成员、特别是最不发达国家成员特殊的贸易、发展和财政需要；认识到某些投资措施可能产生贸易限制作用和扭曲作用；特此协议如下：第1条范围本协定仅适用于与货物贸易有关的投资措施（本协定中称“ＴＲＩＭｓ”）。

第2条国民待遇和数量限制1．在不损害ＧＡＴＴ1994项下其他权利和义务的情况下，各成员不得实施任何与ＧＡＴＴ1994第3条或第11条规定不一致的ＴＲＩＭ。

2．本协定附件列出一份与ＧＡＴＴ1994第3条第4款规定的国民待遇义务和ＧＡＴＴ1994第11条第1款规定的普遍取消数量限制义务不一致的ＴＲＩＭｓ例示清单。

第3条例外ＧＡＴＴ1994项下的所有例外均应酌情适用于本协定的规定。

第4条发展中国家成员发展中国家成员有权以ＧＡＴＴ1994第18条、《关于1994年关税与贸易总协定国际收支条款的谅解》和1979年11月28日通过的《关于为国际收支目的而采取贸易措施的宣言》（ＢＩＳＤ26册205至209页）允许该成员偏离ＧＡＴＴ1994第3条和第11条规定的程度和方式，暂时偏离第2条的规定。

第5条通知和过渡性安排1．各成员应在《ＷＴＯ协定》生效之日起90天内，将其正在实施的、与本协定规定不一致的所有ＴＲＩＭｓ通知货物贸易理事会。

WTO的简要介绍.

2、世界贸易组织和关税与贸易总协定的区别（1）机构性质。关税与贸易总协定以"临时适用"的多边贸易协议形式存在，不具有法人地位；世界贸易组织是一个具有法人地位的国际组织。（2）管辖范围。关税与贸易总协定只处理货物贸易问题；世界贸易组织不仅要处理货物贸易问题，还要处理服务贸易和与贸易有关的知识产权问题，其协调与监督的范围远大于关税与贸易总协定。世界贸易组织和国际货币基金组织、世界银行，成为维护世界经济运行的三大支柱。（3）争端解决。关税与贸易总协定的争端解决机制，遵循协商一致的原则，对争端解决没有规定时间表；世界贸易组织的争端解决机制，采用反向协商一致的原则，裁决具有自动执行的效力，同

ห้องสมุดไป่ตู้

1995 年 6 月 3 日：中国成为世贸观察员。 1995 年 11 月 28 日：美方向中方递交一份关于中国入世的非正式文件，即所谓的《交通图》，罗列了对中国入世的 28 项要求。 1997 年 11 月 16 日：日本同意中国入世贸。 1998 年 3 月 28 日 - 4 月 9 日：世贸组织中国工作组第 7 次会议，中国代表团向世贸组织秘书处递交一份近 6,000 个税号的关税减让表，得到了主要成员的积极评价。 1998 年 6 月 17 日：江泽民向美国记者提出入世三原则。 1999 年 4 月 6 - 13 日：朱镕基访美期间，中美于 4 月 10 日签署《中美农业合作协议》并就中国加入世贸发表联合声明，美方承诺坚定地支持中国于 1999 年加入世贸。

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建立世界贸易组织协定本协议各成员，承认其贸易和经济关系的发展，应旨在提高生活水平，保证充分就业和大幅度稳步提高实际收入和有效需求，扩大货物与服务的生产和贸易，为持续发展之目的扩大对世界资源的充分利用，保护和维护环境，并以符合不同经济发展水平下各自需要的方式，加强采取各种相应的措施；进一步承认有必要作出积极的努力，以确保发展中国家，尤其是最不发达国家，在国际贸易增长中获得与其经济发展相应的份额；期望通过达成互惠互利的安排，切实降低关税和其它贸易壁垒，在国际贸易关系中消除歧视待遇，为实现上述目标作出贡献；从而决心建立一个完整的、更有活力的和持久的多边贸易体系，以包括关税与贸易总协定、以往贸易自由化努力的成果和乌拉圭回合多边贸易谈判的所有成果；决心保持该多边贸易体制的基本原则和加强该体制的目标；协议如下：第一条组织的建立建立世界贸易组织（以下简称WTO）第二条WTO的范围1．WTO应为其成员从事与本协议各附件中的协议及其法律文件有关的贸易关系，提供共同的体制框架。

2．附件一、附件二和附件三中的各协议及其法律文件(以下称“多边贸易协议”)均是本协议的组成部分，并约束所有成员。

3．本规定附件四中各协议及其法律文件(以下称“诸边贸易协议”)，对接受诸边贸易协议的成员而言，也是本协议的部分，并约束这些成员。

对未接受诸边贸易协议的成员，诸边贸易协议不产生任何权利义务。

4．附件一(1)中的关税与贸易总协定(以下称1994年关贸总协定）在法律上区别于1947年10月30日签订的关税与贸易总协定，后者附着于联合国贸易与就业预备会议第二次会议结束通过的最后文件，及其后来经核准、修正和修改的文本。

第三条WTO的职能1．WTO应促进本协议和多边贸易协议的执行、管理、运作，以及进一步实现各协议的目标，并对诸边贸易协议的执行、管理和运作提供框架。

2．WTO应为各成员处理与本协议各附件有关的多边贸易关系提供谈判场所。

如果部长会议作出决定，WTO还可为各成员的多边贸易关系的进一步谈判提供场所，并为执行该谈判的结果提供框架。

3．WTO应管理实施本协议附件二有关争端解决的规则与程序的谅解(以下称“争端解决谅解”或“DSU”)。

4．WTO管理实施附件三的贸易政策评审机制，WTO应和国际货币基金和国际复兴和发展银行及其附属机构进行适当的合作，以更好地协调制订全球经济政策。

第四条WTO的机构1．部长会议应当包括所有成员的代表，它应至少每2年召开一次会议。

部长会议应当履行WTO的职能，并为此而采取必要的措施。

部长会议有权对各多边贸易协议中的任何事项作出决定，如有成员要求，部长会议的决定，应按照本协议及有关多边贸易协议中关于决策的具体规定作出。

2．设立一个包括所有成员代表的总理事会，它应在适当时候召开会议。

在部长会议休会期间，总理事会应当执行部长会议的各项职能。

总理事会还应当执行本协议指定的各项职能，总理事会应当制订自己的程序规则，审批本条第7款所述的各委员会的程序规则。

3．总理事会应在适当时间召开会议，以行使争端解决谅解所规定的争端解决机构的职责。

争端解决机构可有自己的主席，并建立它认为必要的程序规则以行使其职责。

4．总理事会应在适当时间召开会议，以行使贸易政策机制所规定的贸易政策审议机构的职责。

贸易政策审议机构可有自己的主席，并建立它认为必要程序规则以行使其职责。

5．设立一个货物贸易理事会、一个服务贸易理事会和一个与贸易有关的知识产权理事会(以下称“知识产权理事会”)，它们应当在总理事会的指导下进行工作。

货物贸易理事会应当负责附件一(1)中的多边贸易协议的运作，服务贸易理事会应当负责服务贸易总协定的运作，知识产权理事会应当负责与贸易有关的知识产权协定(以下称“TRIPS协定”)的运作。

各理事会都应行使各自有关协议和总理事会赋予的职责。

它们还应经总理事会批准制订各自相应的程序规则。

各理事会的成员应当从所有成员代表中产生，各理事会应当在必要时召开会议，以行使其职责。

6．货物贸易理事会、服务贸易理事会和知识产权理事会，可视需要建立各自的下属机构，这些机构应制订各自的程序规则并由各自理事会批准。

7．部长会议应当设立一个贸易与发展委员会，一个国际收支限制委员会和一个预算、财务和行政管理委员会，它们应当行使本协议和多边贸易协议所赋予的各种职责，以及总理事会所赋予的其他职责。

在部长会议认为合适的情况下，还可以设立具有此类职责的其他委员会。

作为其职能的一部分，贸易与发展委员会应当定期审议多边贸易协议中有利于最不发达成员的特别规定，向总理事会报告，以采取适当行动。

各委员会的成员应由所有成员的代表组成。

8．诸边贸易协议下设立的各种机构，应行使这些协议所赋予的职责，并应在WTO机构框架内运作。

这些机构应向总理事会通知其活动。

第五条与其他组织的关系1．总理事会应就与WTO职责有关的各政府间组织的有效合作作出适当安排。

2．总理事会应就与WTO事务有关的各种非政府组织的协商和合作作成适当安排。

第六条秘书处1．WTO设立一个由总于事领导的秘书处。

2．部长会议应任命一名总干事，并制订有关规则以确定总干事的权力、责任、任职条件和任期。

3．总干事应任命秘书处的职员，并根据部长会议通过的规则确定他们的责任和任职条件。

4．总干事和秘书处的职员纯属国际性质，在履行其职责方面，总干事和秘书处职员不应当寻求和接受WTO之外的任何政府或其他当局的指示，他们应避免任何有损其国际官员身份的行为，WTO的成员应当尊重总干事和秘书处职员在其职责方面的国际性质，不应对他们行使职权施加影响。

第七条预算与会费1．总干事应向预算、财务和行政管理委员会提出WTO的年度预算和财务报告。

预算、财务和行政管理委员会应对总干事提出的年度预算和财务报告进行审议并对总理事会提出建议。

这些年度预算应由总理事会批准。

2．预算、财务和行政管理委员会应向总理事会提出财务规则之建议，该规则应包括以下规定：(a) WTO的支出费用所要求的各成员的会费，和(b)对拖延交纳会费的成员应采取的措施。

财务规则应尽可能地以1947年关贸总协定的规则和实践为基础。

3．总理事会所采用的财务规则和年度预算应当由WTO过半数以上的成员以2/3的多数表决通过。

4．各成员应按照总理事会通过的财务规则，尽快向WTO交纳其WTO费用中所分雄的份额。

第八条WTO的地位1．WTO具有法人资格，各成员应赋予WTO享有执行其职责所需要的法律资格。

2．WTO各成员应赋予WTO为履行其职责所需要的特权和豁免。

3．WTO各成员应同样给予WTO官员和各成员代表在其独立行使WTO有关职责时必要的特权和豁免权。

4．每一WTO成员所赋予WTO及其官员的特权和豁免权，应当和1947年11月21日联合国大会通过的《专门机构特权和豁免权公约》之规定相似。

5．WTO可以缔结一个总部所在地协议。

第九条决策1．WTO应当继续遵循1947年关贸总协定奉行的由一致意见作出决定的实践。

除另有规定外，若某一决定无法取得一致意见时，则由投票决定。

在部长会议和总理事会会上，WTO的每一成员有要票投票权。

欧洲共同体投票时，其票数应与参加欧共体成员国数目相等。

除本协议和多边贸易协议另有规定外，部长会议和总理事会的决定应以多数表决通过。

（1）有关机构就所提交的事项作出决定时，如在场的成员未正式提出异议，则视为由一致意见作出了决定。

（2）欧洲共同体及其成员国的票数在任何情况下不得超过欧共体成员国的数目。

（3）作为争端解决机构而召集的总理事会的决定，其通过应仅根据争端解决谅解第二条第4款之规定。

2．部长会议和总理事会对协议和多边贸易协议具有专门的解释权。

对附件一中多边贸易协议的解释，应基于负责这些协议运作的理事会的意见。

一项解释的决定应由成员3/4多数通过，但本款不应损害第十条关于修正的规定。

3．在例外情况下，部长会议可以决定豁免某成员根据本协议和其他多边贸易协议所承担的某项义务。

除本款另有规定外，这种决定应经3/4成员的批准。

7．任何接受修正的成员或附件一中的多边贸易协议的成员，都应当在部长会议规定的接受期限内，将接受证件交存WTO的总干事。

8．WTO任何成员可以向部长会议提出动议修正附件二和附件三中多边贸易协议的规定，但对附件二中的多边贸易协议修正决定，应由一致意见作出，经部长会议批准方对所有成员生效。

对于附件三中的多边贸易协议修正决定，应经部长会议批准方对所有成员生效。

9．经某一贸易协议成员之要求，部长会议经一致同意可决定将该贸易协议补充进附件四。

经某一诸边贸易协议成员之要求，部长会议可决定从附件四中删除该协议。

10．对一项诸边贸易协议的修正，从该协议规定。

第十一条创始成员1．凡是在本协议生效之日已是1947年关贸总协定的缔约方和欧洲共同体，接受本协议和多边贸易协议，并在1994年关贸总协定中附有承诺和减让表以及在《服务贸易总协定》中附有具体承诺单者，都是WTO创始成员。

2．联合国所承认的最不发达国家，只需在它们各自发展、财政和贸易需要的范围内以及其行政管理的能力内作出承诺和减让。

第十二条加入1．任何国家或在对外贸易关系以及本协议和多边贸易协议所规定的事务方面享有充分自治的单独关税地区，可以在它和WTO议定的条件下，加入本协议。

这种加入适用于本协议及所附的多边贸易协议。

2．加入应由部长会议作出决定，部长会议应经WTO成员2/3多数同意．3．加入某个诸边贸易协议，从该协议规定。

第十三条特定成员之间互不适用多边贸易协议1．本协议和附件一和附件二中的多边贸易协议在有关成员之间将互不适用，如果它们中任何一方在另一方成为成员时不同意互相适用。

2．1947年关贸总协定的缔约方，以前曾引用过该总协定的第三十五条，并在本协议生效时仍实施第三十五条者，则这种WTO的创始成员可引用本条第1款。

3．本条第1款适用于一个成员和另一个按第十二条加入的成员，如果不同意适用的一方，在部长会议批准加入条件之前，通知部长会议互不适用。

4．在特殊情况下，部长会议可以根据任何一成员的要求，来审议本条的执行情况并提出适当建议。

5．诸边贸易协议成员之间的互不适用，从该协议规定。

第十四条接受、生效和保存1．本协议供那些按照本协议第十一条有资格成为WTO创始成员的1947年关贸总协定缔约方和欧洲共同体以签字或其他方式接受。

这种接受适用于本协议及所附的多边贸易协议。

本协议及所附的多边贸易协议的生效日期，由部长们根据《乌拉圭回合多边贸易谈判结果最后文件》第三条作出决定。

除部长们另有决定外，本协议及所附的多边贸易协议生效后两年内继续开放供接受。

本协议生效后的接受，应在该接受后第30天生效。

2．本协议生效后接受本协议的成员，对于那些自本协议生效时起尚需一定时期才履行的多边贸易协议中的减让和义务，应如同该成员在本协议生效时接受本协议一样，履行这些减让和义务。