Gatt still exists as the WTO Framework Agreement for Trade in Goods, updated following the Uruguay Round negotiations (a distinction is made between GATT 1994, the updated parts of GATT, and GATT 1947, the original agreement which is still at the heart of GATT 1994). [29] However, GATT 1994 is not the only legally binding agreement included in the Marrakesh Final Act; A long list of about 60 agreements, annexes, decisions and arrangements was adopted. The agreements are divided into six main parts: According to a 2017 study published in the Journal of International Economic Law, “almost all recent [preferential trade agreements (APTAs)” explicitly refer to the WTO, often dozens of times in several chapters. Similarly, in many of these AGREEMENTS, we find that essential parts of the treaty`s wording – sometimes most of a chapter – are copied verbatim from a WTO agreement. the presence of the WTO in free trade agreements has increased over time. [20] The seeds of the Uruguay Round were sown in Geneva in November 1982 at a ministerial meeting of GATT members. Although ministers intended to launch an important new negotiation, the conference stagnated in the agriculture sector and was widely seen as a failure. Indeed, the work programme agreed upon by ministers served as the basis for what would become the Uruguay Round negotiating agenda. The WTO`s trade dispute settlement procedure under the Dispute Settlement Agreement is crucial to enforcing the rules and thus ensuring smooth trade. Governments bring disputes before the WTO if they believe their rights under the WTO Agreements are being violated. The judgements of specially appointed independent experts are based on the interpretation of the agreements and on the obligations of the individual members. The system encourages members to resolve their differences through mutual consultation. If this proves unsuccessful, they can follow a step-by-step procedure that includes the possibility of a decision by a panel of experts and the possibility of appealing the judgment for legal reasons. Confidence in the system is confirmed by the number of wto cases in more than 500 cases since the creation of the WTO, compared to the 300 disputes dealt with throughout the duration of the GATT (1947-94).
It all started with the trade in goods. From 1947 to 1994, GATT was the forum for negotiating lower tariffs and other barriers to trade; The GATT text established important rules, in particular non-discrimination. Since 1995, the Marrakesh Agreement Establishing the WTO and its Annexes (including the updated GATT) has become the WTO Framework Convention. It contains annexes dealing with specific product sectors such as agriculture and specific issues such as product standards, subsidies and anti-dumping measures. An important recent addition was the Trade Facilitation Agreement, which entered into force in 2017. The Agreement on the Application of Sanitary and Phytosanitary Measures – also known as the SPS Agreement – was negotiated during the GATT Uruguay Round and entered into force with the establishment of the WTO in early 1995. Under the SPS Agreement, the WTO imposes restrictions on Members` policies on food safety (bacterial contaminants, pesticides, inspection and labelling) and animal and plant health (imported pests and diseases). The agenda originally included in the Uruguay Round agreements has been supplemented and amended. A number of items are now part of the Doha Agenda, some of which have been updated. The new work programme included negotiations and other work in the areas of non-agricultural tariffs, trade and environment, WTO anti-dumping and subsidy rules, trade facilitation, transparency in government procurement, intellectual property and a number of issues raised by developing countries as difficulties in implementing WTO agreements.
The WTO organizes hundreds of technical cooperation missions to developing countries each year. It also organizes numerous trade policy courses each year in Geneva for government officials. Regional seminars are held regularly in all regions of the world, with a particular focus on African countries. E-learning courses are also available. In 2017, about 18,500 participants benefited from WTO training aimed at improving understanding of WTO Agreements and global trade rules. There were some advantages to delay. It has made it possible to go further than would have been possible in 1990: for example, certain aspects of services and intellectual property, as well as the creation of the WTO itself. But the task had been immense and the fatigue of the negotiations was palpable in trade bureaucracies around the world. The difficulty of reaching agreement on a package of measures encompassing almost the full range of current trade issues has led some to conclude that negotiations of this magnitude would never again be possible. However, the Uruguay Round agreements contain timetables for further negotiations on a number of issues. And in 1996, some countries openly called for a new round at the beginning of the next century. The response has been mixed; but the Marrakesh Agreement already contained commitments to resume negotiations on agriculture and services at the turn of the century.
These began in early 2000 and were included in the Doha Development Agenda at the end of 2001. The agreements for the two largest goods and services sectors have a common framework in three parts, although the details are sometimes very different. In December 2013, the largest agreement within the WTO, known as the Bali Package, was signed. [114] The General Agreement on Trade in Services was created to extend the multilateral trading system to the services sector, just as the General Agreement on Tariffs and Trade (GATT) provided for such a system for trade in goods. The agreement entered into force in January 1995. Decisions are taken by all members. This is usually done by consensus. Majority voting is also possible, but it has never been used in the WTO and was extremely rare under its predecessor, GATT. The WTO Agreements have been ratified by all member parliaments. The current Director-General of the WTO is Roberto Azevêdo[11],[12] who heads a staff of more than 600 people in Geneva, Switzerland. [13] On 7. In December 2013, all members agreed on a trade facilitation agreement that is part of the Bali Package of Decisions, the first comprehensive agreement in the organization`s history.
[14] [15] On 23 January 2017, the amendment to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the first time since the opening of the Organisation in 1995 that the WTO Agreements have been amended, and this amendment should provide a legal avenue for developing countries to access affordable remedies under WTO rules. [16] WTO rules Agreements are the result of negotiations between members. .