國際貿(mào)易理論和實(shí)務(wù)Ch10GATTandWTO課件

1、 CHAPTER 10 GATT and WTO GATT WTO China and WTO1 GATT1. The origination of the GATT2. The GATTs activities: eight trade negotiation “Rounds”3. The Uruguay Round of trade negotiations4. Two GATTs5. WTO vs. GATT: main differencesThe origination of the GATTCreate a third institution to handle the trade

2、 side of international economic cooperation, joining the two “Bretton Woods institutions, the World Bank and the International Monetary Fund”. Over 50 countries negotiated to create an International Trade Organization (ITO) as a specialized agency of the United Nations. Draft ITO Charter was ambitio

3、us, broad areas.Aim - Create the ITO at a UN Conference on Trade and Employment in Havana, Cuba in 1947.Meanwhile, 15 countries began talks in Dec.1945 to reduce and bind customs tariffs.A deal on 45,000 tariff concessions was signed by 23 countries on 30 October 1947. The tariff concessions came in

4、to effect by 30 June 1948 through a “Protocol of Provisional Application”. So the General Agreement on Tariffs and Trade was born, with 23 founding members (officially “contracting parties”).The ITO Charter was finally agreed in Havana in March 1948, but ratification in some national legislatures pr

5、oved impossible. The most serious opposition was in the US Congress, even though the US government had been one of the driving forces. In 1950, the United States government announced that it would not seek Congressional ratification of the Havana Charter, and the ITO was effectively dead. So, the GA

6、TT became the only multilateral instrument governing international trade from 1948 until the WTO was established in 1995.2. The GATTs activities: eight trade negotiation “Rounds” The first five rounds of trade negotiations (1947-1961) Some multilateral tariff reductions were achieved.YearPlace/nameS

7、ubjects coveredCountries1947GenevaTariffs231949AnnecyTariffs131951TorquayTariffs381956GenevaTariffs261960-1961GenevaTariffs26(2) The Kennedy Round of trade negotiations (1964-67)The United States led the way into a new round of negotiations from 1964 to 1967. Tariffs on manufactured products were re

8、duced by an average of 35%.Little progress was achieved in reducing barriers on agricultural products.Little was done to ease non-tariff barriers.(3) The Tokyo Round of trade negotiations (1973-79) It continued to reduce tariffs, bringing the average tariff on industrial products down to 4.7%. A ser

9、ies of agreements on non-tariff barriers did emerge from the negotiations, in some cases interpreting existing GATT rules, in others breaking entirely new ground. It failed to come to grip with the fundamental problems affecting farm trade and also stopped short of providing a modified agreement on

10、“safeguards” (emergency import measures). 3. The Uruguay Round of trade negotiations (1986-94)Problems 1: GATTs credibility and effectiveness were undermined:Governments in Western Europe and North America seek bilateral market-sharing arrangements with competitors and embark on a subsidies race to

11、maintain their holds on agricultural trade. Problem 2: GATT had been found wanting (欠缺的). It was clearly no longer as relevant to the realities of world trade as it had been in the 1940s. Little success in liberalizing agricultural trade; Trade in textiles and clothing was an exception to GATTs norm

12、al disciplines; GATTs institutional structure and its dispute settlement system were causing concern.Only deal with trade in goods.The Uruguay Round experienced two phases:The first four years, 19861990 (15 groups)Tariffs; NTBs; Tropical products; Natural resource-based products; Textiles and clothi

13、ng; Agriculture; Safeguards; Subsidies and countervailing duties; Trade-related intellectual property restrictions; Trade-related investment restrictions;Services. Four other areas dealing with GATT itself.The United States initially proposed a 10 year phaseout of all subsidies that affect agricultu

14、ral trade and of all agricultural import barriers. But the EU wanted to go more slowly and to moderate the extent of reduction in agriculture support. By 1990, the wide disparity (不一致) in subsequent proposals overshadowed all other aspects of the negotiations, and the four year effort had seemingly

15、ended with no signed agreement on the liberalization of trade.(2) Continued negotiations lead to success, 1993EC agricultural support program that harmed U.S. exports of oilseeds. In retaliation for the EC subsidy, the U.S. threatened to impose 200% tariffs on EC exports to the U.S. ($300 million).A

16、n accord was eventually reached by which the oilseeds export subsidies were to be reduced 36% by value and 21% by quantity over a six-year period.This positive development then set off activity to work again on many other aspects of the Uruguay Round. Finally, after intense discussions, the 117 part

17、icipating countries in the Uruguay Round reached agreement on December 15, 1993 and the signing took place on April 15, 1994, in Marakech, Morocco. After ratification by participating countries, the agreement took effect on January 1, 1995.(3) Provisions of the Uruguay Round Agreement Tariffs on ave

18、rage were cut by 34%. The value of agriculture export subsidies was to be cut by 36% and most domestic support for agriculture by 20%. Textiles and apparel trade was to be moved from the existing quota framework of Multi-fiber Arrangement into the GATT framework, with tariffs to be phased out over 1

19、0 years. Revised rules were adopted regarding dumping and export subsidies, and a voluntary export restraints were to be eliminated. Actions on trade-related intellectual property rights (TRIPS) provided for minimum standards for trademarks, patents, and copyrights. Some trade-related investment mea

20、sures (TRIMS) were to be eliminated. A specific General Agreement on Trade in Services (GATS) calls for “national treatment”. New procedures were adopted for the settlement of disputes. GATT itself was replaced by a new organization, the World Trade Organization.4. Two GATTs(1) As an international a

21、greement, GATT still exists. But it is no longer the main set of rules for international trade. And it has been updated. The old version: “GATT 1947” The updated version : “GATT 1994”, lives alongside the GATS and TRIPS(2) As an international organization created later to support the agreement, GATT

22、 no longer exists.5. WTO vs. GATT: main differences(1) NatureGATT ad hoc and provisional (never ratified in members parliament and contained no provisions for the creation of an organization)WTO permanent, has sound legal basis (members have ratified the WTO agreements)(2) Scope GATT goods only. WTO

23、 goods, services and trade-related aspects of intellectual property rights.(3) Approach GATT selective basis (plurilateral) WTO a single undertaking (multilateral)(4) Dispute settlement WTO: Specific time limits faster than the GATT Has permanent appellate body to review findings by dispute settleme

24、nt panel.2 WTO1. An Overview 2. The fundamental principles of the WTO3. The structure of the WTO4. WTO Agreements5. Ministerial conferences An overviewOne of the results of Uruguay Round, established in the light of the Marrakesh Agreement Establishing the World Trade Organization, which is included

25、 in the Final Act （文件） Embodying the Results of the Uruguay Round of Multilateral Trade Organizations.The only international organization dealing with the global rules of trade between nations. By 2 March, 2013, the WTO had 159 members. The WTOs overriding objective is to help trade flow smoothly, f

26、reely, fairly and predictably. It does this by: Administering trade agreements; Acting as a forum for trade negotiations; Settling trade disputes; Reviewing national trade policies; Assisting developing countries in trade policy issues, through technical assistance and training programmes;Cooperatin

27、g with other international organizations. 2. The fundamental principles of WTOTrade without discrimination Most-favoured-nation treatment (MFNT): Treating other people (nations) equally.Cannot normally discriminate between their trading partners.GATT Article 1, GATS Article 2, TRIPS Article 4.Except

28、ions: Free Trade Area, GSP, traded unfairly.Exceptions are allowed under strict conditions. National treatmentTreating foreigners and locals equally. Imported and locally-produced goods should be treated equally. GATT Article 3, GATS Article 17 and TRIPS Article 3. National treatment only applies on

29、ce a product, service or item of intellectual property has entered the market. Therefore, charging customs duty on an import is not a violation of national treatment even if locally-produced products are not charged an equivalent tax.(2) Freer trade: gradually, through negotiation Lowering trade bar

30、riers is one of the most obvious means of encouraging trade. Eliminating NTBsOpening markets can be beneficial, but it also requires adjustment. The WTO agreements allow countries to introduce changes gradually, through “progressive liberalization”. Developing countries are usually given longer time

31、 to fulfill their obligations.(3) Predictability: through binding and transparency In the WTO, when countries agree to open their markets for goods or services, they “bind” their commitments. A country can change its bindings, but only after negotiating with its trading partners, which could mean co

32、mpensating them for loss of trade. Discourage the use of quotas and other measures used to set limits on quantities of imports. Make countries trade rules as clear and public (“transparent”) as possible. (4) Promoting fair competitionNot an entirely free trade institution. The system does allow tari

33、ffs and, in limited circumstances other forms of protection. More accurately, it is a system of rules dedicated to open, fair and undistorted competition.Many of the other WTO agreements aim to support fair competition. Allow charging additional import duties calculated to compensate for damage caus

34、ed by unfair trade. (5) Encouraging development and economic reformAllow for special assistance and trade concessions for developing countries.The agreements did give developing countries, particularly so for the poorest, “l(fā)east-developed” countries, transition periods to adjust to the more unfamili

35、ar and, perhaps, difficult WTO provisions. 3. The structure of the WTOHighest authorityCarry out the functions of the WTOMeet at least once every two yearsday to day businessrepresentatives of members （once/ 2 months） convenes also as the Dispute Settlement Body (DSB) and Trade Policy Review Body.3

36、councils: Goods, Trips, Services, .6 Committees: trade and development, trade and environment, regional trading arrangements administrative mittees dealing with specific subjects working party. goods council :11 committees4. WTO Agreements “The Results of the Uruguay Round of Multilateral Trade Nego

37、tiations: The Legal Texts” is a daunting list of about 60 agreements, annexes, decisions and understandings. In fact, the agreements fall into a simple structure with six main parts: an umbrella agreement (the Agreement Establishing the WTO); agreements for each of the three broad areas of trade tha

38、t the WTO covers (goods, services and intellectual property); dispute settlement; and reviews of governments trade policies.Table 10-2 The structure of the WTO agreementsThe basic structure of the WTO agreements: how the six main areas fit together the umbrella WTO Agreement, goods, services, intell

39、ectual property, disputes and trade policy reviews.UmbrellaAGREEMENT ESTABLISHING WTOGoodsServicesIntellectual propertyBasic principlesGATTGATS TRIPSAdditional detailsOther goods agreements and annexesServices annexesMarket access commitmentsCountries schedules of commitmentsCountries schedules of c

40、ommitments (and MFN exemptions)Dispute settlementDISPUTE SETTLEMENTTransparencyTRADE POLICY REVIEWSMarrakesh Agreement Establishing the World Trade Organization.Annex 1A: Multilateral Agreements on Trade in Goods General Agreement on Tariff and Trade 1994 Agreement on Agriculture Agreement on the Ap

41、plication of Sanitary and Phytosanitary (植物檢疫) Measures Agreement on Textiles and Clothing Agreement on Technical Barriers to Trade. Agreement on Trade-Related Investment Measures Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (Antidumping) Agreement on

42、Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Customs Valuation) Agreement on Pre-shipment Inspection Agreement on Rules of Origin Agreement on Import Licensing Procedures Agreement on Subsidies and Countervailing Measures Agreement on SafeguardsAnnex 1B: General

43、Agreement on Trade in Services.Annex 1C: Agreement on Trade-Related Aspects of Intellectual Property RightsAnnex 2: Understanding on Rules and Procedures Governing the Settlement of DisputesAnnex 3: Trade Policy Review MechanismAnnex 4: Plurilateral Trade AgreementTable 10-3 The WTOs major legal tex

44、tPre-shipment Inspection （PSI）Importing country engage companies to verify price,quantity, quality, etc, before the goods are shipped from exporting countries. To prevent over and under invoicing and fraud, thus prevent the flight of capital and the evasion of customs duties. Today, over 30 countrie

45、s in Africa, Asia and Latin America use these serviceThe Nine ministerial conferences since 19941st, 1996Singapore, disagreements on four issues (Singapore issues)2nd, 1998Geneva, Switzerland3rd, 1999Seattle, Washington, ended in failure, with massive demonstrations and police and National Guard cro

46、wd control efforts drawing worldwide attention.4th, 2001. Doha in Persian Gulf nation of Qatar.The Doha Development Round was launched at the conference. The conference also approved the joining of China, which became the 143rd member to join.5th, 2003Cancn, Mexico. aiming at forging agreement on th

47、e Doha round . The G20 developing nations (led by India, China and Brazil), resisted demands from the North for agreements on the so-called Singapore issues and called for an end to agricultural subsidies within the EU and the US. The talks broke down without progress.6th, 2005Hongkong. Countries ag

48、reed to phase out all their agricultural export subsidies by the end of 2013, and terminate any cotton export subsidies by the end of 2006. 7th, 2009The general theme for discussion was “The WTO, the Multilateral Trading System and the Current Global Economic Environment”.The seven ministerial confe

49、rences since 19948th, 2011Geneva, Switzerland, from 15 to 17 December 2011. Themes:“Importance of the Multilateral Trading System and the WTO”, Trade and Development” “Doha Development Agenda”. The Conference approved the accessions of Russia, Samoa (薩摩亞) and Montenegro(黑山共和國).9th, 2013Bali, Indones

50、iawill be held from 3 to 6 December 2013. 3 China and WTO Chinas accession to the WTO China was one of the 23 original signatories of the GATT in 1948. After the Civil War and the establishment of the Peoples Republic of China and the Republic of China, the government in Taiwan was the official repr

51、esentative of China. The United Nations and the GATT wanted to impose an embargo on China, but this was not possible as long as China still was a member. Taiwans foreign trade was unremarkable and to harm the government in Beijing, ROC President Jiang Kaishek announced that China would leave the GAT

52、T system. Although the government in Beijing never recognized this withdrawal, nearly 40 years later in 1986, China notified the GATT of its wish to resume its status as a member of the GATT. A working party was established in 1987 and Chinas long way of entering the GATT/WTO began. 1987-03-04: Chin

53、as Working Party concerned only Chinas trade regime for goods. 1995: WTO Working Partys scope include trade in services, new rules on non-tariff measures and rules relating to intellectual property rights.2001-09-17: final meeting of the Working Party held, marks the final conclusion of negotiations

54、 on Chinas WTO accession.2001-11-10: the Doha Ministerial Conference approved by consensus the text of the agreement for Chinas entry into the WTO.2001-12-11: China ratified its membership and became a full member, the WTOs 143rd .2. Opportunities and challenges to ChinaOpportunities China will be o

55、ffered multilateral, unconditional and stable MFNT by all WTO Members. As a full member, China will take part in all negotiations regarding various areas, stipulating and amending the relative regulations as well as the construction of the system of the multilateral trade system. By making use of th

56、e mechanism and procedures of trade dispute settlement of the WTO, China can solve trade disputes with other countries more fairly and reasonably. By making use of the WTO forum, China may publicize its policy of reform and opening to the outside world, actively develop cooperation and communication

57、 with other countries in the field of economics, trade and technology.(2) Challenges Transparency and predictabilityLaws and regulations including those not previously available to the public will be regularly published (in the WTO languages as well). A 30-day period for obtaining information and co

58、mmentary is planned prior to the implementation of new laws and regulations. TariffsSignificantly reduce its tariffs on industrial products by January 2005 to 8.9% (down from an average of 25%) Tariffs will be significantly reduced on medical equipment, scientific equipment, motor, etc. Service comm

59、itmentsElimination of market access restrictions will liberalize the service sectors including telecommunications, insurance, banking, and professional services such as accounting, legal and management services. Trading rights and distributionAll enterprises in China will be granted full trading rights (except for limited products reserved for trade by state enterprises). Allow foreign companies distributing products through their own wholesale and retail systems or to provide related distribution services. Import licensing Import licensing system must comply with the prin