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Lecture 4 - WTO

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SOUTH EAST ASIA

TRADE POLICY
TRAINING NETWORK

WORLD TRADE ORGANIZATION


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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

CONTENT

1. History
2. Principles
3. Structure
4. Agreement

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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

1. History of WTO
• Created only on 1 January, 1995 by the
Marrakesh Declaration
• The youngest international organization
• Successor to the General Agreement on
Tariffs and Trade

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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

• At end of World War II, internationalism


was pursued to support peace
• To avoid conflicts based on nationalism
• Succeeded in creating:
– United Nations
– Bretton Woods Institutions
• International Monetary Fund (IMF)
• World Bank

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SOUTH EAST ASIA
TRADE POLICY
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Background Cont
• Third institution was to be International
Trade Organization (ITO)
• Objective: avoid conflicts over trade and
protectionism
• Havana Charter to create ITO concluded in
March,1948
• Was never ratified because of US Congress

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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

Background Cont
• While negotiations underway, 23
participants negotiated to reduce and bind
tariffs starting in 1946
• To give early boost to liberalizing trade
and end protectionism of the 1930’s
• Was agreed to liberalize one fifth (1/5 th) of
world trade and adopt some trade rules in
draft ITO Charter

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SOUTH EAST ASIA
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Background Cont
• Package called the General Agreement on
Tariffs and Trade (GATT)
• Entered into effect “provisionally” on 1
January, 1948
• “Provisionally” because Havana Charter
was still being negotiated. Those applying
GATT became known as Contracting
Parties
• Remained in force until WTO created
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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

Background Cont
• When Havana Charter failed, GATT
became only multilateral instrument
governing international trade
• Numerous negotiations were conducted
under GATT to liberalize trade
• Eight in total up to Uruguay Round which
created WTO

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SOUTH EAST ASIA
TRADE POLICY
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Background Cont
• GATT continues to exist today as a part
of the WTO
• Basic principles of GATT also form basis
for WTO

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The General Agreement on
SOUTH EAST ASIA
TRADE POLICY
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Tariffs and Trade (GATT)

• Multilateral trading system created under GATT


is over 50 years old
• GATT’s basic pursuit of trade liberalization
achieved through “rounds” of trade negotiations
• Early “rounds” dealt mainly with tariff
reductions
• Later rounds added areas such as non-tariff
measures, antidumping, etc

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SOUTH EAST ASIA
TRADE POLICY
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Results of GATT

• Exceptional growth of world trade


• Merchandize exports grew on average
6% annually.
• Total trade in 1997 was 14 times that of
1950.
• Last round (Uruguay Round) added new
areas of services and intellectual property
and created the WTO.

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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

Results Of GATT Cont


• Tariffs were reduced to such low levels
that in recessions, countries turned to
other forms of protectionism.
• Market-sharing agreements (voluntary
export restraint agreements) were used.
• Subsidies were used to encourage exports
(particularly with agriculture exports).
• Technical barriers were used for trade
protection.
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SOUTH EAST ASIA
TRADE POLICY
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Results of GATT Cont


• Realities of world trade also were
changing.
• Trade was more complex and important.
• Services trade and international investment
had expanded greatly.
• Vastly increased membership with new and
different interest.
• Led to agreement to create a new expanded
agreement to encompass all these matters.
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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

Result of GATT Cont


• Uruguay Round concluded at Marrakesh
brought WTO into existence
• Also created General Agreement on Trade
in Services (GATS)
• Created Trade Related Intellectual
Property Agreement (TRIPs)
• And much more

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Multilateral and
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Regional Approaches
• In recent years a variety of bilateral and
regional trading arrangements have
emerged in addition to multilateral efforts
at trade liberalization.
• The GATT provides specific rules
regarding such arrangements. Similar rules
exist for services.
• But in practice these have not constrained
the growth of preferential arrangements.
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Functions of the WTO


• Administers trade agreements
• Acts as a forum for negotiations
• Works to settle trade disputes
• Reviews national trade policies
• Assists developing countries with trade
policy
• Cooperates on subjects of mutual interest
with other organizations

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SOUTH EAST ASIA

Membership and Decision-making


TRADE POLICY
TRAINING NETWORK

in the WTO

• Some 150 member countries, accounting


for over 97% of world trade
• Some 30 other countries are negotiating
membership.
• Decisions are made by entire membership.
• While a majority vote is possible,
decisions are usually by consensus.

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TRADE POLICY
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WTO Mission Statement


• The World Trade Organization is the only
international organization dealing with the
global rules of trade between nations. Its
main function is to ensure that trade flows
as smoothly, predictably and freely as
possible.

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2. WTO’s Fundamental
SOUTH EAST ASIA
TRADE POLICY
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Principles
• Complicated legal agreement guiding the
international trading system
• Based on five, easy to understand, principles:
– Trade without discrimination
– Freer trade, gradually, through negotiation
– Predictability, through binding and
transparency
– Promoting fair competition
– Encouraging development and economic
reform
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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

Trade without discrimination


• This means treating all member countries
equally.
• It is formally known as the Most-
Favoured-nation (MFN) Principle.
• For example, if a WTO member lowers
its customs duty for a product imported
from one country, it must also give the
same concession to all other members.

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SOUTH EAST ASIA
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Trade without
discrimination

• Members must also not discriminate


between domestic and foreign goods,
services or nationals once they have
entered the market.
• This is known as National Treatment.

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SOUTH EAST ASIA
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Trade without Discrimination


TRAINING NETWORK

• A few exceptions are permitted:


– For partners in a free trade agreement
– For extending better access to developing
countries
– General waivers
– To protect morals, human and animal
health and National Security
– To counteract unfairly traded products
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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK Vietnam’s anti-dumping tax on
Chinese steel

• After an anti-dumping investigation that


started in September 2019, Vietnam’s
ministry of industry and trade (MOIT)
concluded that Chinese steel producers are
dumping their products
• Consequently, an anti-dumping tax ranging
from 4.43% to 25.22% has been imposed on
some coil or sheet cold-rolled steel products
from China for five years, starting Dec. 28

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Free Trade Gradually,
SOUTH EAST ASIA
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through negotiation
• The WTO encourages fair trade by
disciplining barriers related to:
– Tariffs
– Import bans or quotas
– Other issues
• Now into 9th round of liberalizing
negotiations (8 under GATT)

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Predictability through Binding
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and Transparency
• “Binding” means setting a fixed upper
limit on tariffs and other commitments
– Provides stability and predictability
– Can be changed only after negotiations
with trading partners
– NOTE: 100% of agriculture products
of developed countries have bound
tariff rates.

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Binding and
SOUTH EAST ASIA
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Transparency
• The WTO discourages the use of less
visible and less predictable barriers (e.g.
Quotas)
• It encourages transparency through
requirements to disclose policies and
practices and notify WTO of changes.
• Conducts trade policy reviews

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Promoting Fair
SOUTH EAST ASIA
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Competition
• Rules to establish what is considered fair
and unfair competition (e.g. Dumping
and subsidies are considered unfair
competition.)
• Rules to establish how governments can
respond to trade disputes.
• Specific agreements, such as that on
agriculture, aim to support fair
competition.
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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK Encourage Development
and Economic Reform
• Fully three quarters of WTO members are
developing or transition economies.
• WTO rules and mechanisms provide
– more time for developing countries to
implement undertakings.
– special assistance (training, legal advice).
– trade concessions (generalized system of
tariff preferences).
– extend Special and Differential Treatment.
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TRADE POLICY
TRAINING NETWORK

More readings on WTO principles:


https://www.wto.org/english/thewto_e/whatis_e/tif_e/fa
ct2_e.htm

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TRADE POLICY
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Case: Spain – Tariff treatment of unroasted coffee –


BISD 28S/102 (1982)

Prior to 1975, imports of unroasted coffee to Spain were


subject to a customs duty of 22.5%. In 1975, Spain
exempted import of, inter alia, unroasted coffee under its
state-trading system from customs duties. In 1979, Spanish
authorities enacted Royal Decree No.1764/79 which
subdivided imports of unroasted coffee into the categories
“Columbian mild” and “other mild” on which no tariff was
levied, and the categories “unwashed Arabica”, “Robusta”
and “other” which were liable to a 7% of tariff

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3. Structure of the
SOUTH EAST ASIA
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WTO
• A Ministerial Conference meets every two years.
• General Council meets regularly at level of
Ambassadors.
• Goods Council administers GATT (including
agriculture).
• Services Council administers GATS.
• Intellectual Property Council administers TRIPS.

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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

Organs of the WTO


MINISTERIAL CONFERENCE
• TNC
DSB
General Council • Trade &
TPRM Environment
Committee

• Trade &
Council for Council for • Council Developmen
Trade in Goods Trade in Services for t Committee
• TRIPS
• BOP
Goods Committees Services Committee
Annex 1A, Committees • Budget,
WTO Agreement Finance &
Administrati
on
Committee
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Secretariat of the WTO


• Director General and Deputy positions
selected by members (usually political
and term limited)
• Staff of over 500; all in Geneva
• Secretariat has no decision-making
powers.
• Provides technical and legal support to
councils, committees, working parties and
to developing countries
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(Secretariat of the WTO)


General Director of WTO
• Ngozi Okonjo-Iweala
• A Nigerian-American
economist and international
development expert
• The seventh Director-
General of the WTO
• Her term starts on 1 March
2021
The first woman and the first
African to hold the office

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SOUTH EAST ASIA
TRADE POLICY
TRAINING NETWORK

4. WTO Agreements
•  Cover goods, services and intellectual property
• Include individual countries’ commitments to
lower customs tariffs and other trade barriers, and
to open and keep open services markets
• Set procedures for settling disputes
• prescribe special treatment for developing
countries
• Require governments to make their trade policies
transparent by notifying the WTO

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SOUTH EAST ASIA

WTO Agreements
TRADE POLICY
TRAINING NETWORK

• General Agreement on Trade and tariff (GATT)


• General Agreement on Trade in Services (GATS)
• Trade Related Intellectual Property Agreement (TRIPs)
• Agreement on Trade related investment measures (TRIMs)
• Agreement on Subsidy and countervailing measures (SCM)
• Agreement on Agriculture (AoA)
• Agreement on Textiles and Clothing (ATC)
• Agreement on Anti-dumping (AAD)
• Agreement on Technical Barriers to Trade (TBT)
• Agreement on Sanitary and Phytosanitary Measures (SPS)
• Agreement on Custom Valuation (ACV)
• Agreement on Rules of Origin (ROO)
• More readings:
https://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm1_
e.htm

http://trungtamwto.vn/chuyen-de/192-van-kien-co-ban-cua-wto
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