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WORLD TRADE ORGANISATION: AN OVERVIEW. BACKGROUND Great Depression, Protectionism and the Consequences Bretton Woods Institutions GATT 1947 and Failure.

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Presentation on theme: "WORLD TRADE ORGANISATION: AN OVERVIEW. BACKGROUND Great Depression, Protectionism and the Consequences Bretton Woods Institutions GATT 1947 and Failure."— Presentation transcript:

1 WORLD TRADE ORGANISATION: AN OVERVIEW

2 BACKGROUND Great Depression, Protectionism and the Consequences Bretton Woods Institutions GATT 1947 and Failure of the International Trade Organisation (ITO) GATT Negotiating Rounds

3 WTO AGREEMENT STRUCTURE Single Undertaking Marrakesh Agreement Establishing the WTO Annex 1- Annex 1A (goods) Annex 1B (GATS) Annex IC (TRIPs) Annex 2-Dispute Settlement Understanding Annex 3-Trade Policy Review Mechanism Annex 4-Plurilateral Agreements

4 WTO STRUCTURE Membership Ministerial Conference General Council, Dispute Settlement Body, Trade Policy Review Body Councils and Committees

5 WTO STRUCTURE-Contd. Secretariat Decision Making Process Authoritative Interpretation of WTO Agreements Waiver from obligations Amendment to WTO Agreements

6 ANNEX 1A AGREEMENTS GATT 1994 Difference between GATT 1947 and GATT 1994 Rules governing trade in goods: 1. General Elimination of Quantitative Restrictions (Art. XI), Article II

7 GATT 1994-CONTD. 2. Non-Discrimination (a) Most Favoured Nation Treatment Art. I (b) National Treatment Art. III 3. Other Obligations: Customs valuation, Transparency, fees and formalities, marks of origin, freedom of transit.

8 Exceptions General Exceptions under Article XX Security Exceptions Article XXI Regional Trade Agreement Government Procurement

9 PROTECTIVE CLAUSES TO PROTECT THE ECONOMY Balance of payment problems Provisions for developing countries TO PROTECT INDUSTRIES Antidumping Safeguards Subsidies and Countervailing Duties

10 OTHER AGREEMENTS IN ANNEX 1A 12 Other Agreements Elaborate disciplines for the basic provisions in GATT 1994 New Issues-TRIMs (Canada-FIRA), Agriculture and Textiles and Clothing

11 ANNEX 1B-GATS Negotiating History Framework for progressive liberalisation Positive List Approach Further Development of Rules

12 ANNEX IC-TRIPS Negotiating History Minimum Protection Seven IPRs Non-Discrimination Responsibility of Enforcement on Members Novartis AG vs. Union of India(Decided On: )

13 ANNEX 2 DISPUTE SETTLEMENT UNDERSTANDING Article XXII and XXIII of GATT and GATS and Art. 64 of TRIPs DSB: to administer DSU

14 The dispute settlement system of the WTO is the central element in providing security and predictability to the multilateral trading system. The Members recognise tat it serves to preserve the rights and obligations of Members under the covered agreements, and to clarify the existing provisions of those agreements in accordance with customary rules interpretation of public international law. Recommendations and rulings of the DSB cannot add or diminish the rights and obligations provided in the covered agreements.- Art. 3:2

15 DSU CONTD. Consultation, conciliation, good offices, mediation, Arbitration and adjudication. Panel Appellate Body Parties-Amicus Curiae Briefs Positive and Negative Consensus Implementation Issue of precedent Issue of Institutional Balance

16 THANK YOU


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