Presentation on theme: "31-8-2006Chapter 1 An introduction:WTO1 The Law of WTO 世界贸易组织法 Xiaowen Cha Law faculty, Dept of Social Science 06-08-31."— Presentation transcript:
31-8-2006Chapter 1 An introduction:WTO1 The Law of WTO 世界贸易组织法 Xiaowen Cha Law faculty, Dept of Social Science 06-08-31
31-8-2006Chapter 1 An introduction:WTO2 Structure of the Course The law and institutions of the WTO Its development and establishment 发展与建立 Regulation of trade in goods, services and trade-related intellectual property 货物贸易、服务贸易以及 与贸易有关的知识产权的规则 Dispute-settlement System 争端解决机制 Trade policy review mechanism 贸易政策审查机制
31-8-2006Chapter 1 An introduction:WTO3 Aims of the Course The knowledge you will acquire and understand by the end of the course: –The fundamental principles of GATT 1994 –The international legal and practical context in which international trade operates –The institutional structure and powers of the WTO, including its dispute settlement procedure –The interpretation of application of WTO rules Teaching and Studying methods Lecture Seminar Video-watching
31-8-2006Chapter 1 An introduction:WTO4 Readings List 1.Text Book – 栾信节, WTO 规则中英文教程, 北京 : 对外经济贸易大学出版社 2003; 2. Necessary Reading – 李双元, 世贸组织规则研究的理论与案例, 北京 : 人民法院出版社 2004 (D996.139) – 宣增益, 世界贸易组织法律教程, 北京 : 中信出版社 2003 (F743-431) – 李双元, 世界贸易组织法案例教程, 北京 : 知识产权出版社 2004 (D996.1-439) – 赵相林, 世界贸易组织法总论, 北京 : 中国法制出版社 2004 (D996.132) –All the agreements of WTO (available at: http://www.wto.org/english/docs_e/legal_e/legal_e.htm) http://www.wto.org/english/docs_e/legal_e/legal_e.htm 3.Website: www.wto.orgwww.wto.org Note: Besides textbook, readings will normally include review of secondary reading books, treaties, cases, government and international organization websites, and academic articles. These may be in English. I will indicate which page and what you should read for each class. The reading list will send you by email before each class. So please make sure you make a good preparation before the class.
31-8-2006Chapter 1 An introduction:WTO5 Chapter 1 Introduction: World Trade Organization I. The debates on World Trading systemI. II. The history of trade liberalizationII. III. China and WTOIII IV. Function and Structure of WTOIV
31-8-2006Chapter 1 An introduction:WTO6 Location: Geneva, Switzerland Established: 1 January 1995 Created by: Uruguay Round negotiations (1986-94) ( 乌拉圭回合谈判） Membership: 149 countries (on 11 December 2005) WTO Office, Geneva （日内瓦）
31-8-2006Chapter 1 An introduction:WTO7 There are a number of ways of looking at the WTO. an organization for liberalizing trade. a forum for governments to negotiate trade agreements. a place for them to settle trade disputes. operates a system of trade rules. Trade Negotiations Committee
31-8-2006Chapter 1 An introduction:WTO8 Chapter 1 Introduction: WTO November 2001 — China became the 143rd member of the WTO at the Fourth Ministerial Conference, Doha. November 1999 — Third Ministerial Conference, Seattle — anti-WTO demonstration. BENEFITS? MISUNDERSTANDINGS?
31-8-2006Chapter 1 An introduction:WTO9 The benefits –1. Disputes are handled constructively 2. Rules make life easier for all 3. Freer trade cuts the costs of living 4. It provides more choice of products and qualities 5. Trade raises incomes 6. Trade stimulates economic growth 7. The basic principles make life more efficient The misunderstandings –1. The WTO dictates policy 2. Commercial interests take priority over the environment 3. … and over health and safety 4. The WTO destroys jobs, worsens poverty 5. Small countries are powerless in the WTO 6. The WTO is the tool of powerful lobbies 7. Weaker countries are forced to join the WTO I. I. Debates on World Trading System
31-8-2006Chapter 1 An introduction:WTO10 II-1 The multilateral trading system — past, present and future II-2 GATT: a brief history II-3 Eight trade "rounds" (multilateral trade negotiations) II-4 WTO vs GATT: main differences II. II. The history of trade liberalization
31-8-2006Chapter 1 An introduction:WTO11 II-1 The multilateral trading system ( 多边贸易 体制 ) Originally set up under GATT The system was developed through a series of trade negotiations held under the GATT, dealing with tariff reduction, anti-dumping and non-tariff measures( 关 税减让, 反倾销和非关税措施 ). WTO, the successor to the GATT, came into being in 1995 The trade negotiations still continued after WTO establishment
31-8-2006Chapter 1 An introduction:WTO12 II-2 GATT: a brief history The GATT- A provisional set of rules –United Nation Conference on Trade and Employment( 贸易和就业联 合国会议 ), held in Havana, Cuba,1947 –The Havana Charter for ITO was adopted( 《国际贸易组织宪 章》 ),but never entered into force. –Substantial tariff reduction agreed among a group of countries –The commercial policy of Havana Charter was taken and converted into GATT. –Countries signed a Protocol of Provisional Application ( 《临时适用 议定书》） to bring the GATT into force quickly. Originally 23 contracting parties Entered into force: 1 January 1948 Terminated on 31 December 1995
31-8-2006Chapter 1 An introduction:WTO14 Evidence of the success of trade rounds
31-8-2006Chapter 1 An introduction:WTO15 II-4 GATT vs.WTO: Main Difference GATTWTO Legal basis （法律依据） Protocol Provisional Application of GATT Agreement Establishing the WTO Name of Membership Contracting Party ( 缔约方） Member （成员方 / 国） Nature ( 性质 ) 1. A set of rules 2. with no institutional foundation, 3. applied on a provisional basis A permanent institution with a permanent framework. It has legal personality with the privileges and immunities. Scope ( 范围 ) The rules just applied to trade in goods Agreement covers trades in goods, trade in service, and TRIPS Binding force ( 法律约束力） Contracting parties may reserve right to fulfill certain GATT obligations Members’s domestic regulation or measures must be consistent with WTO rules.
31-8-2006Chapter 1 An introduction:WTO16 II-4 GATT vs.WTO: Main Difference GATTWTO Approach ( 方式 ) A series of new agreements were adopted during the Tokyo Round on a plurilateral,selective basis, causing a fragmentation of the multilateral trading system. The agreements are all multilateral, which have been adopted and accepted by its member as a single undertaking. Dispute Settlement ( 争端解决 ) Dispute settlements mechanism is not uniform. Function was not effective 1. Adopts a uniform dispute settlement system (DSU) 2.Has specific time limits and is therefore faster than the GATT system; 3. Has a permanent AB to review findings by DSP 4. A more detailed rules on implementation of findings
31-8-2006Chapter 1 An introduction:WTO17 III. China and WTO III-1 History of China’s accession to the WTO III- 2 The Legal Status of the Chinese Taipei in GATT/WTO III-3 Hong Kong and China and the WTO III-4 Macau and China and the WTO III-5 China in World Trade
31-8-2006Chapter 1 An introduction:WTO18 III-1 History of China’s accession to the WTO China was one of the 23 original signatories of GATT in 1948 1950.3, Taiwan government announced China leave GATT 1986, China notified the GATT of its wish to resume its status as a GATT contracting party. Working Party established to examine China’s trade regime –1987, a GATT ~ concerned China’s trade regime for goods. –1995, a WTO ~ was converted and its scope was broadened to include trade in service, new rules on non-tariff measures and rules relating to IPR 1989.5-1999 Bilateral negotiations between China and each WTO member. 2001.11 In the Fourth Ministerial Conference of WTO, China signed the Protocol on the Accession of the People‘s Republic of China ( 中华人民共和国加入议定书 ). 2001.12.11 China became a WTO member
31-8-2006Chapter 1 An introduction:WTO19 III- 2 The Legal Status of the Chinese Taipei in GATT/WTO 1965, Taiwan was granted observer status at GATT, but was removed in 1971 1992.9, a separate working party was established to examine the request for accession of the Seperated Customs Territory of Taiwan, Penghu, Kimen and Matsu (“Chinese Taipei”) --- “ 台湾、澎湖、 金门、马祖单独关税区 ” （简 称中国台北单独关税区） 2002.1.1, Chines Taipei, as a separate customs territory of China( 中国台北单独关税区 ), access WTO
31-8-2006Chapter 1 An introduction:WTO20 III-3 Hong Kong and China and the WTO 1986.4, Hongkong as a British Crown colony became contracting party of GATT. 1995, Hongkong became an original Member of the WTO 1997.7, PROC resumed the exercise of sovereignty over Hongkong. Therefore, Hongkong retain the status of a separate customs territory in WTO, to maintain and develop international relationship with States, regions and IO in the economic, trade and other fields.
31-8-2006Chapter 1 An introduction:WTO21 III-4 Macau and China and the WTO 1991.1, Macau became a contracting party of GATT 1995, Macau became a founding member of the WTO, using the name of “Macau, China” 1999.12.20, Macau,as a separate customs territory of China, continued to be a WTO member.
31-8-2006Chapter 1 An introduction:WTO22 III-5 China in World Trade
31-8-2006Chapter 1 An introduction:WTO23 IV. Function and Structure of WTO IV-1 Functions and Legal status IV-2 Governing Structure IV-3 Membership, accession accession IV-4 Decision-making IV-5 Legal Framework of WTO AgreementsIV-5 “Agreement Establishing the WTO”
31-8-2006Chapter 1 An introduction:WTO24 IV-1 Functions and Legal status Functions (Art III of Agreement Establishing the WTO)( 职能 ) –Administering WTO trade agreements –Forum for trade negotiations –Handling trade disputes –Monitoring national trade policies –Technical assistance and training for developing countries –Cooperation with other international organizations(IMF and World Bank) Legal status ( 法律地位 ) –It is formally endowed with existence, legal personality and legal capacity as an international organization –It must be acorded privileges and immunities that are in accordance with its functions.
31-8-2006Chapter 1 An introduction:WTO25 IV-2 Governing Structure
31-8-2006Chapter 1 An introduction:WTO26 IV-3 Membership and accession Membership ( 成员资格 ) –The original WTO Membership consisted of all GATT contracting parties –Countries may join the WTO after negotiating terms of accession. –The Ministerial Conference must approve the terms of accession by a two-thirds majority of the WTO members. Accession ( 加入 ) – accomplished through obtaining a consensus of all WTO members –First, “tell us about yourself –Second, “work out with us individually what you have to offer” –Third, “let’s draft membership terms” –Finally, “the decision”
31-8-2006Chapter 1 An introduction:WTO27 Decision-making by consensus ( 协商一致 ) –“the body concerned shall be deemed to have decided by consensus if no Member, present at the meeting when the decision is taken, formally objects to the proposed decision” – 协商一致是指在作出决定的会议上, 如果出席会议的成 员没有一个对作出的决议提出反对意见, 决议机构被认 为以协商一致的方式对提交审议的事项作出了决定 Voting –Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by voting IV-4 Decision-making Art IX of Agreement Establishing the WTO
31-8-2006Chapter 1 An introduction:WTO29 Assignments of this class 1. Reading assignments: （ 1 ）栾信节 pp.1-8 （ 2 ）李双元, (D996.139) pp11-27 (as to question 1) （ 3 ）宣增益, (F743-431) pp4-11(as to question 5-6), pp183-188 (as to question 2-4) （ 4 ） Read Page 4-13 of this paper. (as to question 4) （ 5 ） Review the WTO Agreements, paying particular attention to preamble, Art I~VI, Art VIII (as to question 5-6) （ 6 ） Preamble of GATT 1947, available at: http://www.wto.org/english/docs_e/legal_e/legal_e.htm#goods (in English). （ 7 ） The organization of WTO, available at: http://www.wto.org/english/thewto_e/whatis_e/tif_e/org2_e.htm http://www.wto.org/english/thewto_e/whatis_e/tif_e/org2_e.htm 2. Reflect on the following questions while/after reading the material: （ 1 ） To know the debate on free trade (advocates and challenges) （ 2 ） To know the Eight Multilateral Trade Negotiations （ 3 ） To understand the difference between GATT and WTO （ 4 ） To know the history of China’s accession to WTO （ 5 ） To master the function, accession, governing structure, decision-making of WTO （ 6 ） To know the legal structure and legal status of WTO
31-8-2006Chapter 1 An introduction:WTO30 CHAPTER 2 PRINCIPLES OF WTO
31-8-2006Chapter 1 An introduction:WTO31 Reading assignments 1. Reading assignments: （ 1 ）栾信节, WTO 规则中英文教程, 北京 : 对外经济 贸易大学出版社 2003; pp.36-56 (as to question 1-5) （ 2 ）赵相林，世界贸易组织法总论, 北京 : 中国法制 出版社 2004 (D996.132) pp 62-73 (as to question 1-5) （ 3 ）宣增益, 世界贸易组织法律教程, 北京 : 中信出版 社 2003 (F743-431) pp11-27 (as to question 3-4) （ 4 ） See Page of this paper. (as to question 1-5) （ 5 ） Art 1 of General Agreement on Tariffs and Trade (GATT); Article 2 of General Agreement on Trade in Services (GATS); Article 4 of Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (as to question 1) （ 6 ） Art 3 of GATT; Article 17 of GATS; Article 3 of TRIPS(as to question 2) （ 7 ） Art 20,2124 of GATT(as to question 3) （ 8 ） Art 2 of GATT (as to question 4) 其中（ 2 ）和（ 3 ）任选一本即可 2. Reflect on the following questions while/after reading the material: （ 1 ） What is Principle of Non-discrimination? Which Article does it appear in GATT, GATS, TRIPS? （ 2 ） What’s the difference between Most- Favored-Nation principle and National Treatment? （ 3 ） The Exceptions of Most-Favored-Nation principle and National Treatment （ 4 ） To understand the Principle of Freer Trade. What is Tariff and non-tariff barrier? （ 5 ） To understand the Principle of Predictability, promoting fair competition, and encouraging development and economic reform.