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INTRODUCTION WTO is an international organization which is formed to regulate and liberalize international trade.

This organization officially commenced on 1st of January 1995 under the Marrakesh agreement replacing the General Agreement on Tariff and Trade, GATT 1947. Its headquarters is in Geneva, Switzerland. The World Trade Organization regulates the trade between the member countries. It also provides for the negotiations between the countries and form trade agreements and dispute redressal process which is instituted to make the the member countries adhere to the agreements of WTO signed and ratified by their parliament. The organization is now proceeding with the Doha round for equal participation of the poorer countries but that was not still achieved. The WTO have 153 members and 30 observers who are seeking membership, this represents almost more than 95% of world trade. Every two years once the ministerial conference takes place, a general council which takes care of the decisions of the ministerial decisions are complied with. The Director General is appointed by the ministerial conference. The World Trade Organization (WTO) is an international organization designed by its founders to supervise andliberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakesh agreement replacing the General Agreement on Trade and Tarrif(GATT), which commenced in 1947. The World Trade Organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalising trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round(1986-1994). The organization is currently endeavouring to persist with a trade negotiation called the Doha development Agenda(or Doha Round), which was launched in 2001 to enhance equitable participation of poorer countries which represent a majority of the world's population. However, the negotiation has been dogged by "disagreement between exporters of agricultural bulk commodities and countries with large numbers of subsistence farmers on the precise terms of a 'special safeguard measure' to protect farmers from surges in imports. At this time, the future of the Doha Round is uncertain." The WTO has 153 members, representing more than 97% of total world trade and 30 observers, most seeking membership. The WTO is governed by a ministerial conference, meeting every two years; a general

council, which implements the conference's policy decisions and is responsible for day-today administration; and a director-general, who is appointed by the ministerial conference. The WTO's headquarters is at the Geneva, Switzerland. AGREEMENTS IN WTO WTO is the result of lot of agreements. WTOs predecessors are GATT, 1947 and ITO. GATT, 1947 is formed after the World War II to establish cooperation in trade among the nations internationally. Parallely the International Organization for Trade(ITO) was successfully negotiated. ITO was considered to be the main organ of United Nations to address trade issues including employment, business practices, investors, etc,. But this didnt come to existence because the USA and some other important signatories did not accept it. Then after GATT was considered as the only international agreement to control international trade. the WTO agreements are the result of the 198694 Uruguay Round negotiations, signed at the Marrakesh ministerial meeting in April 1994. There are about 60 agreements and decisions totalling 550 pages. Negotiations since then have produced additional legal texts such as the Information Technology Agreement, services and accession protocols. New negotiations were launched at the Doha Ministerial Conference in November 2001. The WTO agreements cover goods, services and intellectual property. They spell out the principles of liberalization, and the permitted exceptions. They include individual countries commitments to lower customs tariffs and other trade barriers, and to open and keep open services markets. They set procedures for settling disputes. They prescribe special treatment for developing countries. They require governments to make their trade policies transparent by notifying the WTO about laws in force and measures adopted, and through regular reports by the secretariat on countries trade policies. These agreements are often called the WTOs trade rules, and the WTO is often described as rules-based, a system based on rules. But its important to remember that the rules are actually agreements that governments negotiated. This chapter focuses on the Uruguay Round agreements, which are the basis of the present WTO system. Additional work is also now underway in the WTO. This is the result of

decisions taken at Ministerial Conferences, in particular the meeting in Doha, November 2001, when new negotiations and other work were launched. The table of contents of The Results of the Uruguay Round of Multilateral Trade Negotiations: 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 that the WTO covers (goods, services and intellectual property); dispute settlement; and reviews of governments trade policies. The agreements for the two largest areas goods and services share a common three-part outline, even though the detail is sometimes quite different. A. They start with broad principles: the General Agreements on Tarrif and Trade (GATT) (for goods), and the General Agreement on Trade in Services (GATS). (The third area, Trade-Related Aspects of Intellectual Property Rights (TRIPS), also falls into this category although at present it has no additional parts.) B. Then come extra agreements and annexes dealing with the special requirements of specific sectors or issues. C. Finally, there are the detailed and lengthy schedules (or lists) of commitments made by individual countries allowing specific foreign products or service-providers access to their markets. For GATT, these take the form of binding commitments on tariffs for goods in general, and combinations of tariffs and quotas for some agricultural goods. For GATS, the commitments state how much access foreign service providers are allowed for specific sectors, and they include lists of types of services where individual countries say they are not applying the most-favoured-nation principle of non-discrimination. I.BACKGROUND OF THE STUDY The history of the agreement started with Bretton Woods System and three institutions were established they are The International Monetary Fund (IMF), The World Bank, The International Trade Organization (ITO). The 3 were known as the Bretton Woods, the New Hampshire resort were the agreement occurred. The economic philosophy of these Bretton Woods institutions were classical economic neoliberalism. The GATT was very successful in lowering tariffs, the then existing major barrier to free trade.

The first five rounds of multilateral trade negotiation succeeded in lowering tariff barriers substantially. This shifted protectionism to non tariff barriers. (NTB The GATT accomplished these goals through: multilateral negotiations, dispute settlement. However the dispute settlement mechanism was very weak in that a losing party could simply block the adoption of an adverse decision. (Multilateral Trade Negotiations) First five rounds reduced average trade weighted tariff from 50 to12%. Kennedy Round dealt with problems of Developing Countries (special and differential treatment) PartIV, Art. 36-38 Tokyo Round dealt with non trade barriers produced the antidumping and subsidies agreement and general system on preferences. The Eighth Round, known as the Uruguay Round established the World Trade Organization amended GATT, 1947 to become GATT, 1994 which governs tradegoods adding 12 side agreements to GATT, 1994. The Uruguay Round Agreements greatly expanded the GATT Agreement on Trade in Goods by adding: General Agreement on Trade in Services,(GATS), Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). The GATT 1994 added three side agreements pertain to agriculture Agreement on Agriculture, Agreement on Application of Sanitary and Phytosanitary Measures hereinafter referred as SPS, Agreement on Technical Barriers to Trade hereinafter referred as TBT. The Dispute Settlement Understanding heirenafter refered as DSU establishes a three tiered formal adjudication process to resolve trade disputes. Normally a complaining Member challenges the legality of a measure as violative to the WTO. An ad hoc Panel of 5 trade law experts, who are not nationals of the parties decides the factual & legal issues and makes a recommendation on the measure; The parties may appeal the Panels decision to the WTO Appellate Body, a permanent body of 7 trade law experts. The Appellate Body decision is then automatically adopted by the WTO Dispute Settlement Body hereinafter referred as DSB unless rejected by consensus of the WTO Members. The WTO agreements cover goods, services and intellectual property. They spell out the principles of liberalization, and the permitted exceptions. They include individual countries commitments to lower customs tariffs and other trade barriers, and to open and keep open services markets. They set procedures for settling disputes. They prescribe special treatment for developing countries. They require governments to make their trade policies transparent

by notifying the WTO about laws in force and measures adopted, and through regular reports by the secretariat on countries trade policies. These agreements are often called the WTOs trade rules, and the WTO is often described as rules-based, a system based on rules. But its important to remember that the rules are actually agreements that governments negotiated. This chapter focuses on the Uruguay Round agreements, which are the basis of the present WTO system. Additional work is also now underway in the WTO. This is the result of decisions taken at Ministerial Conferences, in particular the meeting in Doha, November 2001, when new negotiations and other work were launched. (More on the Doha Agenda, later.)

The agreements for the two largest areas goods and services share a common three-part outline, even though the detail is sometimes quite different. They start with broad principles: the General Agreement on Tariffs and Trade (GATT) (for goods), and the General Agreement on Trade in Services (GATS). (The third area, TradeRelated Aspects of Intellectual Property Rights (TRIPS), also falls into this category although at present it has no additional parts.) Then come extra agreements and annexes dealing with the special requirements of specific sectors or issues. Finally, there are the detailed and lengthy schedules (or lists) of commitments made by individual countries allowing specific foreign products or service-providers access to their markets. For GATT, these take the form of binding commitments on tariffs for goods in general, and combinations of tariffs and quotas for some agricultural goods. For GATS, the commitments state how much access foreign service providers are allowed for specific sectors, and they include lists of types of services where individual countries say they are not applying the most-favoured-nation principle of non-discrimination. Underpinning these are dispute settlement, which is based on the agreements and commitments, and trade policy reviews, an exercise in transparency.

Much of the Uruguay Round dealt with the first two parts: general principles and principles for specific sectors. At the same time, market access negotiations were possible for industrial goods. Once the principles had been worked out, negotiations could proceed on the commitments for sectors such as agriculture and services. II. REVIEW OF LITERATURE The views of Yang guohua, Bryan Mercurio and Li Yongjie in their book have expressed their views about dispute settlement and that is of great use in understanding about it. According to them it is incumbent upon a panel to examine the request for the establishment of the panel very carefully to ensure the compliance with the both the letter and the spirit of article 6.2 of DSU. It is important that panel request should sufficiently precise for two reason, first it often forms the basis of the terms of the reference of the panel pursuant to article 7 of the DSU and second it informs the defending party and third parties of the legal basing of the complaint. In a book called from the GATT to WTO the author have expressed his ideas about the agreements on SPS and agriculture. It is commented about the rules based trading system following the Uruguay round. Agricultural policies and sectoral policies is to be decipted under GATT/WTO. This is because, without such discipline, the empirical evidence across the countries and over the time strongly suggest domestic political pressure such that many countries would eventually adopt policies that increasingly assist and insulate the farmers from foreign competition. Such policies in the subset of countries lower the means and increase the variance of international food prices and thereby encouraging additional countries to adopt such policies. That preparation is though wasteful, is affordable by advanced economies because of the sector small and declining shares of GDP and employment. Professor Raj Bhalas work also have contributed a lot in understanding about the agreements of WTO. Reduction of the agricultural and the industrial tariffs achieved during the Uruguay round are only a part of the story of the remarkable eighr years (1986-94) of multilateral trade negotiations. The cuts occurred in the broader context of the grand bargain. Essentially the USA and the EU and other developed countries gained for their cherished services and IP sector the benefit of GATS and the agreement of TRIPS. In, exchange they agreed to grant developing and the least developed countries improved terms

of entry to agriculture, trade and apparel matters on a more even playing field than before. They did it by the agreements on agriculture and textile. Alano Skyes (2006) says that safeguard measures and the international law surrounding their use raise important and interesting questions for scholars and policy makers. From the legal prespective both GATT ArticleXIX and the agreements on safeguards contains numerous ambiguity and puzzles. Some fundamental concepts are undefined or vaguely defined. Other central requirements of the treaty take raise logical conundrums that have no straight foreword solution. The first and the primary aim is to analyze thoroughly the legal requirement relating to safeguard measures. CAUSATION TEST IN WTO CASE LAW The analysis of causation test by the national authorities has been challenged in every safeguards case to come before the dispute panel to date. With the sole exception of Argentina- peaches in which the panel decline to reveal the causation issue for the reason of judicial economy either the panel the appellate body has least in part. Although analysis of natural authority had regularly found inadequate the decision to date it is pointed to the way toward an analysis that is found acceptable. Instead, as shown in this section, existing precedents are confused and and sometimes logically untenable. They do nothing to clarify how increased quantity of import may be viewed as casual variable and the non attribution requirement imposed. Henrik Horn and Petros.C.Mavroidis(2009) Under the law of WTO, the legal constrains that are imposed on a domestic regulatory measure as well as the scope of defending the measure may well vary depending on the measures purposes. However the real world of democratic regulatory politics, regulation is rarely enacted to serve only one purpose. First of all under SPS the very scope of SPS measure is defined in terms of measures purposes. If the measure does not correspond to any of those purpose then the specific additional disciplines of SPS do not apply to it. COMMITTEE ON COMMODITY PROBLEMS Sixty-third Session held on Rome, 6-9 March 2001 REPORT ON TECHNICAL ASSISTANCE RELATED TO THE MULTILATERAL TRADE NEGOTIATIONS IN AGRICULTURE established by FAO pointed out that developing countries are increasingly calling for "hard" forms of technical assistance which lead to a strengthening of their physical and institutional trade-related

capacities. FAO can, within available resources, assist these efforts in a number of ways. Examples of such support include establishing or adapting legislation, regulations and systems to comply with the WTO agreements relating to agriculture; upgrading domestic SPS/TBT mechanisms to strengthen capacity to meet the standards and norms of the international market place; setting up of trade information and export marketing systems; supporting the formulation and implementation of investment projects to overcome supplyside difficulties hindering competitiveness (e.g. commodity and trade development projects, including for vertical and horizontal diversification, productivity enhancement and product/market development); and assisting developing countries, through the FAO Investment Centre, in preparing agricultural and rural development projects for international financing The Committee comment on the technical assistance and other trade-related activities of the Secretariat and provide its guidance on priority areas of work in relation to the ongoing negotiations on agriculture. In complaint by Peru On 20 March 2001, Peru requested consultations with the EC concerning Regulation (EEC) 2136/89 which, according to Peru, prevents Peruvian exporters to continue to use the trade description sardines for their products. Peru submitted that, according to the relevant Codex Alimentarius standards (STAN 94-181 rev. 1995), the species sardinops sagax sagax are listed among those species which can be traded as sardines. Peru, therefore, considered that the above Regulation constitutes an unjustifiable barrier to trade, and, hence, in breach of Articles 2 and 12 of the TBT Agreement and Article XI:1 of GATT 1994. In addition, Peru argues that the Regulation is inconsistent with the principle of non-discrimination, and, hence, in breach of Articles I and III of GATT 1994. Therefore, the Appellate Body upheld the Panels finding, in paragraph 8.1 of the Panel Report, that the EC Regulation is inconsistent with Article 2.4 of the TBT Agreement. The Appellate Body recommended that the DSB request the EC to bring the EC Regulation, as found in its and in the Panel Report, as modified by its Report, to be inconsistent with Article 2.4 of the TBT Agreement, into conformity with ECs obligations under that

Agreement. On 23 October 2002, the DSB adopted the Appellate Body Report and the Panel Report, as modified by the Appellate Body Report.

III. OBJECTIVE OF THE STUDY Since GATT till the WTO lots of agreements are being evolved so as to maintain a good trade relationship among nations. This research study has provided me an opportunity to clearly understand the evolution of the agreements and global players who played in those agreements as because the subjects of international law has changed dynamically from the states and now they include non state actors also. The study will concentrate upon five salient heads and they are as follows: A. What is the Agreements on agriculture got to do with agricultural trade; B. Influence of the Agreement on textile in international trade ; C. Trade barriers in international trade; D. Obligation the Agreements on SPS impose upon its members; E. Dispute settlement under WTO;

IV. RESEARCH PROBLEM A. What is the Agreements on agriculture got to do with agricultural trade This agreement was added to WTO in Uruguay round which is the eighth round. This is the basis for initiating a process of reform of trade in agriculture in line with the objectives of the negotiations as set out in the Punta del Este Declaration; the main
objective "is to establish a fair and market-oriented agricultural trading system and

that a reform process should be initiated through the negotiation of commitments on support and protection and through the establishment of strengthened and more operationally effective GATT rules and disciplines".

B. Influence of the Agreement on textile in international trade ;

The agreement is aimed at "negotiations in the area of textiles and clothing shall aim to formulate modalities that would permit the eventual integration of this sector into GATT on the basis of strengthened GATT rules and disciplines, thereby also contributing to the objective of further liberalization of trade"; further that it was agreed that special treatment should be accorded to the least developed country Members. This agreement was concluded on the Uruguay round of the GATT, 1994.

C. Trade barriers in international trade; The main aim of the agreements to contribute international standards and conformity assessment systems can make in this regard by improving efficiency of production and facilitating the conduct of international trade; this is the result of Uruguay round of multi lateral trade negotiations therefore to encourage the development of such international standards and conformity assessment systems.

D. Obligation the Agreements on SPS impose upon its members;

The agreement aims in adopting or enforcing measures necessary to protect human, animal or plant life or health, subject to the requirement that these measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between Members where the same conditions prevail or a disguised restriction on international trade; and this is also the outcome of the Uruguay round of GATT, 1994.

F. Dispute settlement under WTO;

A dispute arises when a member government believes another member government is violating an agreement or a commitment that it has made in the WTO. The authors of these agreements are the member governments themselves the agreements are the

outcome of negotiations among members. Ultimate responsibility for settling disputes also lies with member governments, through the Dispute Settlement Body.

V. RESEARCH QUESTIONS Under What is the Agreements on agriculture got to do with agricultural trade 1. The concession and commitment of member in market access is to be observed. 2. What is the long term reform in the agreement on agriculture? 3. What has the agreement to do with export competition? Under Influence of the Agreement on textile in international trade ; 1. What is the transition period and its need in the agreement? 2. The Agreement on Textiles and Clothing (ATC) and all restrictions thereunder terminated on January 1, 2005. 3. Is the object of integration of textile industries achieved? Under Trade barriers in international trade
1. General technical barriers that arise in the international trade and how that issue is

addressed by TBT? 2. What are the international standards and conformity assessment systems? 3. The importance of transfer of technology under TBT? Under Obligation the Agreements on SPS impose upon its members; 1. How are the standards for sanitary and phytosanitary measures fixed? 2. The assessment of risk under SPS agreement? 3. Mode of fragmentary assistance provided in the agreement? Under Dispute settlement under WTO 1. What are the procedures for solving trade disputes? 2. New negotiations on the Dispute Settlement Understanding?

3. Individual dispute cases under Dispute settlement Understanding?

VI. HYPOTHESIS a) The World Trade Organization regulates the trade between the member countries. It also provides for the negotiations between the countries and form trade agreements and dispute redressal process which is instituted to make the the member countries adhere to the agreements of WTO signed and ratified b) The results of the negotiations provide a framework for the long-term reform of agricultural trade and domestic policies over the years to come. It makes a decisive move towards the objective of increased market orientation in agricultural trade. c) The agreement recognises that governments have the right to take sanitary and phytosanitary measures but that they should be applied only to the extent necessary to protect human, animal or plant life or health and should not arbitrarily or unjustifiably discriminate between Members where identical or similar conditions prevail. d) The object of this negotiation has been to secure the eventual integration of the textiles and clothing sector where much of the trade is currently subject to bilateral quotas negotiated under the Multifibre Arrangement (MFA). e) It seeks to ensure that technical negotiations and standards, as well as testing and certification procedures, do not create unnecessary obstacles to trade. f) The WTOs procedure for resolving trade quarrels under the Dispute Settlement Understanding is vital for enforcing the rules and therefore for ensuring that trade flows smoothly.

VII. RESEARCH METHODOLOGY The study made use of both primary and secondary sources available on the subject. The primary source include the International Legal Instruments concerned with the subject, the

resolution of the organs of the United Nations on the subject matter and the judgments given by the International Courts. The secondary sources include Books, articles and the review of cases laws on subject matter. Journals and Internet sources will be availed for the above said purpose.

VIII. TENTATIVE CHAPTERISATION 1. Introduction This chapter will cover the historical background, the emergence of WTO from the GATT and the evolution of agreements in the international forums and about the consensus achieved. 2. What is the Agreements on agriculture got to do with agricultural trade

This chapter will deal about the negotiations which have resulted in four main portions of the Agreement; the Agreement on Agriculture itself; the concessions and commitments Members are to undertake on market access, domestic support and export subsidies; and the Ministerial Decision concerning Least-Developed and Net Food-Importing Developing countries. It is also concerning about the agricultural package and also addresses many other issues of vital economic and political importance to many Members. These include provisions that encourage the use of less trade-distorting domestic support policies to maintain the rural economy. 3. Influence of the Agreement on textile in international trade It deals about securing the eventual integration of the textiles and clothing sector where much of the trade subject to bilateral quotas negotiated under the Multifibre Arrangement (MFA) and also about the three phase of stage of integration. 4. Trade barriers in international trade This chapter highlight and clarify the Agreement on Technical Barriers to Trade reached in the Tokyo Round. Innovative features of the revised agreement covers processing and production methods related to the characteristics of the product. The coverage of conformity assessment procedures is enlarged and the disciplines made more precise.

5.

Obligation the Agreements on SPS impose upon its members;This chapter concerns the application of sanitary and phytosanitary measures in other words food safety and animal and plant health regulations. The object of harmonizing sanitary and phytosanitary measures on as wide a basis as possible, and their measures on international standards, guidelines and recommendations where they exist.

6. Dispute settlement under WTO This chapter deals about the Dispute Settlement Understanding (DSU) the main WTO agreement on settling disputes. Like the bulk of the WTO agreements, this was one of the outcomes of the Uruguay Round negotiations.

7. Conclusion This chapter will deal about the progress of the WTO agreements and its future.

IX. BIBLIOGRAPHY Agreement on agriculture available at www.wto.org


,

www.wto.org/english/tratop_e/agric_e/agric_e.htm

Agreement

on

textile

and

clothing

available

in

www.wto.org

www.wto.org/english/tratop_e/texti_e/texti_e.htm Agreement on technical barriers to trade available in www.wto.org,

www.wto.org/english/tratop_e/tbt_e/tbt_e.htm

Agreement on sanitary and phyto sanitary measures available in www.wto.org ,


www.wto.org/english/tratop_e/sps_e/spsund_e.htm Yang Guohua, Bryan Mercurio and Li Yongjie , Kluwer law international From GAT T to WTO; The Multilateral trading system in the new millennium , Kluwer law international and WTO Modern GATT law , A treatise on General Agreement on Tarrif and Trade, Professor Raj Bhala, Thomson sweet and maxwell