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The Bretton Woods Conference of 1944 proposed the creation of an International Trade
Organization (ITO) to establish rules and regulations for trade between countries.
Members of the UN Conference on Trade and Employment in Havana agreed to the ITO
charter in March 1948, but ratification was blocked by the U.S. Senate (WTO, 2004b).
Some historians have argued that the failure may have resulted from fears within the
American business community that the International Trade Organization could be used to
regulate (rather than liberate) big business (Lisa Wilkins, 1997; Helen Milner 1993).
Only one element of the ITO survived: the General Agreement on Tariffs and Trade
(GATT). Seven rounds of negotiations occurred under the GATT before the eighth round
- known as the Uruguay Round which began in 1986 and concluded in 1995 with the
establishment of the WTO. The GATT principles and agreements were adopted by the
WTO, which was charged with administering and extending them and approximately 30
other agreements and resolving trade disputes between member countries. Unlike the
GATT, the WTO has a substantial institutional structure
Mission
he WTO states that its aims are to increase international trade by promoting lower trade
barriers and providing a platform for the negotiation of trade and to their business.
Principles of the trading system
The WTO discussions should follow these fundamental principles of trading.[3]
1. A trading system should be free of discrimination in the sense that one country
cannot privilege a particular trading partner above others within the system, nor
can it discriminate against foreign products and services.
2. A trading system should tend toward more freedom, that is, toward fewer trade
barriers (tariffs and non-tariff barriers).
3. A trading system should be predictable, with foreign companies and governments
reassured that trade barriers will not be raised arbitrarily and that markets will
remain open.
4. A trading system should tend toward greater competition.
5. A trading system should be more accommodating for less developed countries,
giving them more time to adjust, greater flexibility, and more privileges.
According to WTO rules, all WTO members may participate in all councils, committees,
etc., except Appellate Body, Dispute Settlement panels, and plurilateral committees. In
practice, most of the WTO's decisions are made in informal meetings, often called "Green
Room" meetings, to which most members are not invited. See criticism.
Formal Structure
Highest level: Ministerial Conference
The topmost decision-making body of the WTO is the Ministerial Conference, which has
to meet at least every two years. It brings together all members of the WTO, all of which
are countries or separate customs territories. The Ministerial Conference can make
decisions on all matters under any of the multilateral trade agreements.
Second level: General Council
The daily work of the ministerial conference is handled by three groups: the General
Council, the Dispute Settlement Body, and the Trade Policy Review Body. All three
consist of the same membership - representatives of all WTO member states - but each
meets under different rules.
1. The General Council- is the WTOs highest-level decision-making body in Geneva,
meeting regularly to carry out the functions of the WTO. It has representatives (usually
ambassadors or equivalent) from all member governments and has the authority to act on
behalf of the ministerial conference which only meets about every two years. The council
acts on behalf on the Ministerial Council on all of the WTO affairs. The current chairman
is Amb. Eirik Glenne (Norway).
2. The Dispute Settlement Body - Made up of all member governments, usually
represented by ambassadors or equivalent. The current chairperson is H.E. Mr. Muhamad
Noor Yacob (Malaysia).
3. The Trade Policy Review Body (TPRB) - the WTO General Council meets as the
Trade Policy Review Body to undertake trade policy reviews of Members under the
TRPM. The TPRB is thus open to all WTO Members. The current chairperson is H.E.
Ms. Claudia Uribe (Colombia).
Third level: Councils for Trade
The Councils for Trade work under the General Council. There are three councils Council for Trade in Goods, Council for Trade-Related Aspects of Intellectual Property
Rights, and Council for Trade in Services - each council works in different fields. Apart
from these three councils, six other bodies report to the General Council reporting on
issues such as trade and development, the environment, regional trading arrangements
and administrative issues.
1. Council for Trade in Goods- The workings of the General Agreement on Tariffs and
Trade (GATT) which covers international trade in goods, are the responsibility of the
Council for Trade in Goods. It is made up of representatives from all WTO member
countries. The current chairperson is Amb. Yonov Frederick Agah (Nigeria).
2. The Services Council- subsidiary under the Council for Trade in Services which deals
with financial services, domestic regulations and other specific commitments.
3. Dispute Settlement panels and Appellate Body- subsidiary under the Dispute
Settlement Body to resolve disputes and the Appellate Body to deal with appeals.
Other committees
Committees on
o Trade and Environment
o Trade and Development (Subcommittee on Least-Developed Countries)
o Regional Trade Agreements
o Balance of Payments Restrictions
o Budget, Finance and Administration
Working parties on
o Accession
Working groups on
o Trade, debt and finance
o Trade and technology transfer
Chronology
Criticism
The stated aim of the WTO is to promote free trade and stimulate economic growth.
Many people argue that free trade does not make ordinary people's lives more prosperous
but only results in the rich (both people and countries) becoming richer. WTO treaties
have also been accused of a partial and unfair bias toward multinational corporations and
wealthy nations.
Critics contend that small countries in the WTO wield little influence, and despite the
WTO aim of helping the developing countries, the influential nations in the WTO focus
on their own commercial interests. They also claim that the issues of health, safety and
environment are steadfastly ignored.
Martin Khor argues that the WTO does not manage the global economy impartially, but
in its operation has a systematic bias toward rich countries and multinational
corporations, harming smaller states which have less negotiation power. Some examples
of this bias are:
Rich countries are able to maintain high import duties and quotas in certain
products, blocking imports from developing countries (e.g. clothing);
The increase in non-tariff barriers such as anti-dumping measures allowed against
developing countries;
The maintenance of high protection of agriculture in developed countries while
developing ones are pressed to open their markets;
Many developing countries do not have the capacity to follow the negotiations
and participate actively in the Uruguay Round; and
The TRIPs agreement which limits developing countries from utilizing some
technology that originates from abroad in their local systems (including medicines
and agricultural products).
Jagdish Bhagwati, although pro-free trade and pro-globalization, has strongly criticized
the introduction of TRIPs (forum shifting) into the WTO/GATT framework. His fear is
that other non-trade agendas might overwhelm the organization's function.
Many non-governmental organizations, such as the World Federalist Movement, are
calling for the creation of a WTO parliamentary assembly to allow for more democratic
participation in WTO decision making [8]. Dr Caroline Lucas recommended that such an
assembly "have a more prominent role to play in the form of parliamentary scrutiny, and
also in the wider efforts to reform the WTO processes, and its rules" [9]. However, Dr
Raoul Marc Jennar argues that a consultative parliamentary assembly would be
ineffective for the following reasons [10]:
It does not reduce the de facto inequality which exists between countries with
regards to an effective and efficient participation to all activities within all WTO
bodies;
It does not rectify the multiple violations of the general principles of law which
affect the dispute settlement mechanism.
The WTO has 149 members (almost all of the 123 nations participating in the Uruguay
Round signed on at its foundation, and the rest had to get membership). Vietnam will
become the 150th member in January.