英文版国际经济法课程教材 WTO 章节

Scope and Coverage of GATT 1947 and GATT 1994

The rules of GATT 1947 applied only to trade in goods. Because most of the major trading nations of the world have been members, GATT has controlled mote than 80 percent of the world's trade in goods. GATT 1947 was successful in reducing tariffs and non-tariff barriers to trade worldwide. However, nations encountered many trade issues over which GATT had no responsibility.

GATT provides an organized global structure to improve the economic, political, and legal climate for trade, investment, and development. Its primary goal is to achieve distortion（扭曲）-free trade through the removal of artificial barriers and restrictions imposed by self-serving national governments. The GATT system includes an international legal system with rules, a mechanism for interpreting those rules, and a procedure for resolving disputes under them.

Therefore, beginning in 1934, nations embarked （着手） on a long road to improve the world trade environment. At first, negotiations based on reciprocity（互惠） resulted in mutual tariff reductions. After World War II national leaders and policy makers stressed a more international view of the world’s economy. At the same time, the United Nations and other new international organizations were born. Led by the United States, other nation’s embraced free trade and open market policies. Their efforts to establish new "rules of the game" for conducting their trade relations resulted in the creation of an international legal system to handle trade matters, complete with international law, dispute settlement mechanisms, and agreed-upon codes for regulating trade. This system is based on the General Agreement on Tariffs and Trade (GATT).
Trade Liberalization through Cooperation

Most nations have come to realize that trade barriers are damages to the international economy and ultimately to their own. Moreover, they have realized that if they restrict the products of their trading partners in order to protect one segment or sector of their economy, then another sector will suffer.

GATT 1994 is much broader in scope and coverage than the original agreement, and addresses many of the latter’s limitations. In addition to the original provisions of GATT 1947, GATT 1994 includes the following multilateral trade agreements on specific issues such as agreement on agriculture, agreement on textiles and clothing, agreement on technical barriers to trade, agreement on trade-related investment measures, agreement on subsidies and countervailing measures, etc.


Under the auspices（主办） the GATT, the contracting parties have completed eight major rounds, or multilateral negotiating sessions: (1) Geneva, Switzerland, in 1947,(2) Annecy, France, in 1948, (3) Torquay, England, in 1956, (4) Geneva, Switzerland, in 1956, ( 5 ) Dillon Round, 1960--1961, ( 6 ) Kennedy Round, 1964--1967, (7) Tokyo Round, 1973--1979, (8) Uruguay Round, 1986--1994.
ROUND
Round: （谈判的）一轮；回合（关税减 让的谈判） Under the rules of GATT, nations will meet periodically to reduce tariffs and nontariff barriers to trade. Since 1947 the GATT organization has served to bring member nations together to negotiate tariff reductions and the opening of markets.
关贸总协定历次多边贸易谈判情况ቤተ መጻሕፍቲ ባይዱ表
轮次 第一轮 谈判地点和时间 瑞士日内瓦 1947年4月-10月 法国安纳西 1949年4月-10月 英国托奎 1950.9-1951.4 瑞士日内瓦 1956年1月-5月 瑞士日内瓦 1960.9-1962.7 瑞士日内瓦 1964.5-1967.6 瑞士日内瓦 1973.9-1979.4 参加 方 23 谈判主要成果 达成45 000项商品的关税减让，使占应税进口值54% 的商品平均降低关税35%；关贸总协定于1948年1月1 日生效。 达成近5 000项商品的关税减让，使占应税进口值 5.6%的商品平均降低关税35%。 达成8 700多项商品的关税减让，使占应税进口值 11.7%的商品平均降低关税6%。 达成近3 000项商品的关税减让，使占应税进口值16% 的商品平均降低关税15%。 达成4 400项商品的关税减让，使占应税进口值20%的 商品平均降低关税20%。 以关税统一减让方式就影响世界贸易额约400亿美元 的商品达成关税减让，平均降低关税35%；首次涉及 非关税壁垒谈判，并通过了第一个反倾销协议。 以一揽子关税减让方式就影响世界贸易额约3 000亿 美元的商品达成关税减让与约束，关税水平下降35%； 达成多项非关税壁垒协议和守则；通过了给予发展 中国家优惠待遇的“授权条款”。

Trade in services, such as banking or insurance, was specifically excluded from GATT 1947. It also failed to regulate agricultural trade, an area of constant dispute between nations. Trade in textiles and apparel was also not covered because of the politically sensitive nature of these industries. Because GATT 1947 only dealt with trade in goods, it did little or nothing to protect intellectual property fights, such as copyrights and trademarks. Finally, the dispute settlement process set up under GATT 1947, used to resolve trade conflicts between countries, was filled with loopholes（漏洞） and was of ten ineffective.

GATT rules are created by international agreement and become guiding principles of international trade law. In theory, the GATT legal system exists side by side with the domestic legal systems of sovereign nations; GATT anticipates that national legislatures and government agencies will comply with GATT’s principles in setting tariffs and regulating imports.
Chapter Six GATT and WTO Law
战后经济三大支柱
关贸总协定
国际货币基金组织
世界银行
The Founding of GATT

A trade barrier is any impediment（阻碍） to trade in goods or services. An import trade barrier is any impediment, direct or indirect, to the entrance or sale of imported goods or services existing in the country of importation.