馬拉喀什建立世界貿(mào)易組織協(xié)定(英文本)

1、URUGUAY ROUND AGREEMENTMarrakesh Agreement Establishing the World Trade OrganizationFROM: /english/docs_e/legal_e/04-wto_e.htmThe Parties to this Agreement,Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standa

2、rds of living, ensuring full employment and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the worlds resources in accordance with the objective of sustainable development

3、, seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,Recognizing further that there is need for positive efforts designed to ensure that developing coun

4、tries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the su

5、bstantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, t

6、he results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multilateral Trade Negotiations,Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system, Agree as follows:Article I back to top Establish

7、ment of the Organization The World Trade Organization (hereinafter referred to as “the WTO”) is hereby established. Article II back to top Scope of the WTO 1.       The WTO shall provide the common institutional framework for the conduct of trade relations among its Mem

8、bers in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement. 2.       The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as “Multilateral Trade Agreements”) are

9、 integral parts of this Agreement, binding on all Members. 3.       The agreements and associated legal instruments included in Annex 4 (hereinafter referred to as “Plurilateral Trade Agreements”) are also part of this Agreement for those Members that have accepted them

10、, and are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that have not accepted them. 4.       The General Agreement on Tariffs and Trade 1994 as specified in Annex 1A (hereinafter referred to as “GATT

11、1994”) is legally distinct from the General Agreement on Tariffs and Trade, dated 30 October 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended or mod

12、ified (hereinafter referred to as “GATT 1947”).  Article III back to top Functions of the WTO 1.       The WTO shall facilitate the implementation, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements,

13、 and shall also provide the framework for the implementation, administration and operation of the Plurilateral Trade Agreements. 2.       The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt wi

14、th under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Confer

15、ence. 3.       The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the “Dispute Settlement Understanding” or “DSU”) in Annex 2 to this Agreement. 4.       The W

16、TO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the “TPRM”) provided for in Annex 3 to this Agreement. 5.       With a view to achieving greater coherence in global economic policy-making, the WTO shall cooperate, as appropriate, with t

17、he International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.  Article IV back to top Structure of the WTO 1.       There shall be a Ministerial Conference composed of representatives of all the Membe

18、rs, which shall meet at least once every two years. The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if s

19、o requested by a Member, in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement. 2.       There shall be a General Council composed of representatives of all the Members, which shall meet as ap

20、propriate. In the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rul

21、es of procedure for the Committees provided for in paragraph 7. 3.       The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement Body m

22、ay have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities. 4.       The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided

23、for in the TPRM. The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities. 5.       There shall be a Council for Trade in Goods, a Council for Trade in Services

24、and a Council for Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the “Council for TRIPS”), which shall operate under the general guidance of the General Council. The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in An

25、nex 1A. The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as “GATS”). The Council for TRIPS shall oversee the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referr

26、ed to as the “Agreement on TRIPS”). These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council. They shall establish their respective rules of procedure subject to the approval of the General Council. Membership in these Councils shall be

27、open to representatives of all Members. These Councils shall meet as necessary to carry out their functions. 6.       The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required. These subsidi

28、ary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils. 7.       The Ministerial Conference shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee

29、 on Budget, Finance and Administration, which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements, and any additional functions assigned to them by the General Council, and may establish such additional Committees with such functions as it may de

30、em appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least-developed country Members and report to the General Council for appropriate action. Membership in these Commit

31、tees shall be open to representatives of all Members. 8.       The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO. These bo

32、dies shall keep the General Council informed of their activities on a regular basis.  Article V back to top Relations with Other Organizations 1.       The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental or

33、ganizations that have responsibilities related to those of the WTO. 2.       The General Council may make appropriate arrangements for consultation and cooperation with non-governmental organizations concerned with matters related to those of the WTO.  Article VI b

34、ack to top The Secretariat 1.       There shall be a Secretariat of the WTO (hereinafter referred to as “the Secretariat”) headed by a Director-General. 2.       The Ministerial Conference shall appoint the Director-General and adopt regula

35、tions setting out the powers, duties, conditions of service and term of office of the Director-General. 3.       The Director-General shall appoint the members of the staff of the Secretariat and determine their duties and conditions of service in accordance with regula

36、tions adopted by the Ministerial Conference. 4.       The responsibilities of the Director-General and of the staff of the Secretariat shall be exclusively international in character. In the discharge of their duties, the Director-General and the staff of the Secretaria

37、t shall not seek or accept instructions from any government or any other authority external to the WTO. They shall refrain from any action which might adversely reflect on their position as international officials. The Members of the WTO shall respect the international character of the responsibilit

38、ies of the Director-General and of the staff of the Secretariat and shall not seek to influence them in the discharge of their duties.  Article VII back to top Budget and Contributions 1.       The Director-General shall present to the Committee on Budget, Finance

39、and Administration the annual budget estimate and financial statement of the WTO. The Committee on Budget, Finance and Administration shall review the annual budget estimate and the financial statement presented by the Director-General and make recommendations thereon to the General Council. The ann

40、ual budget estimate shall be subject to approval by the General Council. 2.       The Committee on Budget, Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out: (a)     

41、 the scale of contributions apportioning the expenses of the WTO among its Members; and (b)      the measures to be taken in respect of Members in arrears. The financial regulations shall be based, as far as practicable, on the regulations and practices of GATT 1947.3. 

42、      The General Council shall adopt the financial regulations and the annual budget estimate by a two-thirds majority comprising more than half of the Members of the WTO. 4.       Each Member shall promptly contribute to the WTO its share in t

43、he expenses of the WTO in accordance with the financial regulations adopted by the General Council.  Article VIII back to top Status of the WTO 1.       The WTO shall have legal personality, and shall be accorded by each of its Members such legal capacity as may be

44、 necessary for the exercise of its functions. 2.       The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions. 3.       The officials of the WTO and the representat

45、ives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO. 4.       The privileges and immunities to be accorded by a Member to the WT

46、O, its officials, and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies, approved by the General Assembly of the United Nations on 21 November 1947. 5.    

47、   The WTO may conclude a headquarters agreement. Article IX back to top Decision-Making 1.       The WTO shall continue the practice of decision-making by consensus followed under GATT 1947(1). Except as otherwise provided, where a decision cannot be arrived

48、at by consensus, the matter at issue shall be decided by voting. At meetings of the Ministerial Conference and the General Council, each Member of the WTO shall have one vote. Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their

49、member States(2)which are Members of the WTO. Decisions of the Ministerial Conference and the General Council shall be taken by a majority of the votes cast, unless otherwise provided in this Agreement or in the relevant Multilateral Trade Agreement(3). 2.       The Min

50、isterial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a rec

51、ommendation by the Council overseeing the functioning of that Agreement. The decision to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X. 3.   

52、60;   In exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three fourths (4) of the Members unless otherwise provided f

53、or in this paragraph. (a)      A request for a waiver concerning this Agreement shall be submitted to the Ministerial Conference for consideration pursuant to the practice of decision-making by consensus. The Ministerial Conference shall establish a time-period, which shall

54、not exceed 90 days, to consider the request. If consensus is not reached during the time-period, any decision to grant a waiver shall be taken by three fourths4 of the Members. (b)      A request for a waiver concerning the Multilateral Trade Agreements in Annexes 1A or 1B o

55、r 1C and their annexes shall be submitted initially to the Council for Trade in Goods, the Council for Trade in Services or the Council for TRIPS, respectively, for consideration during a time-period which shall not exceed 90 days. At the end of the time-period, the relevant Council shall submit a r

56、eport to the Ministerial Conference. 4.       A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision, the terms and conditions governing the application of the waiver, and the date on which the waiver

57、 shall terminate. Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted, and thereafter annually until the waiver terminates. In each review, the Ministerial Conference shall examine whether the exceptional c

58、ircumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met. The Ministerial Conference, on the basis of the annual review, may extend, modify or terminate the waiver. 5.       Decisions under a Plurilateral T

59、rade Agreement, including any decisions on interpretations and waivers, shall be governed by the provisions of that Agreement.  Article X back to top Amendments 1.       Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the

60、Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial Conference. The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the funct

61、ioning of which they oversee. Unless the Ministerial Conference decides on a longer period, for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members for acceptance shal

62、l be taken by consensus. Unless the provisions of paragraphs 2, 5 or 6 apply, that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus is reached, the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance. If conse

63、nsus is not reached at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide by a two-thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance. Except as provided in paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed amendment, unless the Ministerial Conference decides by a three-fourths majority of the Members that the provisions of paragraph 4 shall apply. 2.&#