Professor Dr. Meinhard Hilf: Professor Dr. Meinhard Hilf International Economic Law: Introduction into GATT/WTO Law


Sect. 1: Overview: Sect. 1: Overview From the GATT to the WTO Results of the Uruguay-Round


General Information: General Information Study materials Hilf/Schorkopf (eds.), WTO-Recht, Textsammlung, deutsch/englisch Introductory texts (master copies at the EC law library, Ro 41) Power point slides (http://www.jura.uni-hamburg.de/~europa/ Lehrveranstaltungen.veranst.htm) WTO in the internet www.wto.org for further research consult: Hilf/Schorkopf (eds.), p. 14


Agenda (1): Agenda (1)


Agenda (2): Agenda (2)


Overview: Overview The WTO WTO vs GATT WTO: The institution Developing countries and the WTO WTO: The first years The Uruguay Round UR: Introduction UR: A summary UR: A quantitative assessment


WTO: What is it? (1) : WTO: What is it? (1) The World Trade Organization International organization embodied in the results of the Uruguay Round Established: 1 January 1995 Membership  144 countries (1 January 2002) The Secretariat: around 550 staff, headed by a Director-General, based in Geneva


WTO: What is it? (2) : WTO: What is it? (2) Cornerstone of the multilateral trading system Trade in goods Trade in services Protection of intellectual property rights The WTO treaty Rights and obligations Dispute settlement Successor to GATT


GATT: A brief history (1) : GATT: A brief history (1) The General Agreement on Tariffs and Trade A provisional set of rules Originally 23 contracting parties Entered into force: 1 January 1948 Terminated on 31 December 1995


GATT: A brief history (2) : GATT: A brief history (2) Eight trade "rounds" (multilateral trade negotiations) Reduction of trade barriers and strengthening of rules for the conduct of international trade Growth of world trade consistently outpaced growth in world industrial production


UR: Some key dates : UR: Some key dates November 1982: Ministerial Meeting September 1986: launch (Punta del Este) December 1988: mid-term review (Montreal) December 1990: Ministerial Meeting (Brussels) December 1993: adoption of the Final Act (Geneva) April 1994: signature (Marrakesh)


UR: Some key facts : UR: Some key facts The structure of the Punta del Este Ministerial Declaration Scope and coverage of the negotiations Participation Overall results


UR: Some key points : UR: Some key points The UR package Market access Agriculture and textiles and clothing GATT rules New issues Institutional and legal status


UR: The Final Act : UR: The Final Act The Final Act The WTO Agreement The Annexes Ministerial Declarations and Decisions


UR - Goods: market access : UR - Goods: market access Industrial products Agriculture Textiles and clothing


UR - Goods: rules on NTMs : UR - Goods: rules on NTMs Technical barriers to trade Sanitary and phytosanitary measures Customs and trade administration Customs valuation Preshipment inspection Rules of origin Import licensing procedures


UR - Goods: trade remedies : UR - Goods: trade remedies Anti-dumping measures Subsidies and countervailing measures Safeguards


UR - Goods: more rules : UR - Goods: more rules TRIMs State trading enterprises (STEs) Balance-of-Payments (BOP) provisions Plurilateral Agreements


UR - Services : UR - Services GATS: objectives Scope and coverage Structure Universal commitments Specific commitments Sectoral issues Negotiations after the entry into force of the WTO Agreement


UR - TRIPs : UR - TRIPs The TRIPs Agreement Structure Intellectual Property Rights Levels of protection Enforcement Transitional arrangements


UR: Economic impact (1) : UR: Economic impact (1) Economic Liberalization Estimating Economic Gains Main Assumptions of the Model


UR: Economic impact (2) : UR: Economic impact (2) Estimated Trade Effects by Product Categories Critical Determinants of Trade Estimated Trade Effects by Country Groups Estimated Income Effects by Country Groups A Brief Evaluation of the Estimated Effects


WTO vs GATT: Main differences (1) : WTO vs GATT: Main differences (1)


WTO vs GATT: Main differences (2) : WTO vs GATT: Main differences (2)


WTO: Objectives : WTO: Objectives To raise standards of living To ensure full employment Growing volume of real income and effective demand Expanding the production of and trade in goods & services Sustainable development and environmental protection Developing countries


WTO: Main functions : WTO: Main functions Implementation, administration and operation of the covered agreements Forum for negotiations Dispute settlement Review of national trade policies Coherence in global economic policy-making


WTO: Structure : WTO: Structure Ministerial Conference General Council Dispute Settlement Body Trade Policy Review Body Councils Council for Trade in Goods Council for Trade in Services Council for TRIPs Committees and other subsidiary bodies Decision-making


WTO Organizational Chart: WTO Organizational Chart


WTO: Basic principles (1) : WTO: Basic principles (1) Trade without discrimination Most-favoured-nation clause (MFN) National treatment Transparency


WTO: Basic principles (2) : WTO: Basic principles (2) Predictable and growing access to markets Trade in goods Binding of tariffs Prohibition of quantitative restrictions Tariff negotiations: progressive reduction in protection Emergency import measures: safeguards Tariff renegotiations: compensation Trade in services


WTO: Dispute settlement : WTO: Dispute settlement The integrated dispute settlement system Coverage: goods, services and intellectual property Procedures: strict time-limits Adoption of panel reports: the reverse consensus Appellate Body Review Non-compliance with recommendations


DEV: Special and Differential treatment : DEV: Special and Differential treatment Growing membership of developing countries GATT: Article XVIII GATT: Part IV Enabling Clause The WTO Agreements Legal assistance


DEV: Measures in WTO agreements : DEV: Measures in WTO agreements Provisions aimed at increasing trade opportunities Provisions which require WTO Members to safeguard the interests of developing country Members Provisions allowing flexibility to developing countries in the use of economic and commercial policy instruments Provisions allowing longer transitional periods to developing countries Provision of technical assistance to developing country Members


WTO: Main developments (1995-2001): WTO: Main developments (1995-2001) Implementation Important events


WTO: Singapore Ministerial Conference (1996): WTO: Singapore Ministerial Conference (1996) Review of implementation Core labour standards Least-Developed Countries Primacy of the multilateral trading system: regional trade arrangements Work programme and built-in agenda Analysis and information exchange Additional issues


WTO: Seattle Ministerial Conference (1999): WTO: Seattle Ministerial Conference (1999) A new Millenium Round? Reasons for failure


WTO: Doha Ministerial Conference (2001): WTO: Doha Ministerial Conference (2001) Developing countries Agriculture TRIPS Trade and competition policy DSU: Reform 2003


Sect. 1: FAQs (1): Sect. 1: FAQs (1) What is the WTO? Does the GATT no longer exist? What is the difference between GATT and the WTO? What are the relationships between the WTO and other international organizations? What are the main objectives of the WTO? What are the main functions of the WTO?


Sect. 1: FAQs (2): Sect. 1: FAQs (2) Who can join the WTO? Are private parties and non-governmental organizations represented at the WTO? How are decisions taken in the WTO? Do some Members of the WTO have more voting rights than others? Who runs the activities of the WTO? How do the WTO Agreements take into account the specific situation of developing countries? What is the role of the Ministerial Conference in the WTO? What is the position of WTO Members on labour standards?


Sect. 1: FAQs (3): Sect. 1: FAQs (3) What was the "Uruguay Round"? What is the "Marrakesh Agreement"? What does the expression "single undertaking" refer to? What can a Member do if it believes that another Member is not complying with its obligations under the Agreements? How can I obtain more information on the WTO's activities?