World Trade Organization


World Trade Organization

Introduction

       international organization established to supervise and liberalize world trade. The WTO is the successor to the General Agreement on Tariffs and Trade (GATT), which was created in 1947 in the expectation that it would soon be replaced by a specialized agency of the United Nations (UN) to be called the International Trade Organization (ITO). Although the ITO never materialized, the GATT proved remarkably successful in liberalizing world trade over the next five decades. By the late 1980s there were calls for a stronger multilateral organization to monitor trade and resolve trade disputes. Following the completion of the Uruguay Round (1986–94) of multilateral trade negotiations, the WTO began operations on January 1, 1995.

Origins
      The ITO was initially envisaged, along with the International Monetary Fund (IMF) and the World Bank, as one of the key pillars of post-World War II reconstruction and economic development. In Havana in 1948, the UN Conference on Trade and Employment concluded a draft charter for the ITO, known as the Havana Charter, which would have created extensive rules governing trade, investment, services, and business and employment practices. However, the United States failed to ratify the agreement. Meanwhile, an agreement to phase out the use of import quotas (quota) and to reduce tariffs (tariff) on merchandise trade, negotiated by 23 countries in Geneva in 1947, came into force as the GATT on January 1, 1948.

      Although the GATT was expected to be provisional, it was the only major agreement governing international trade until the creation of the WTO. The GATT system evolved over 47 years to become a de facto global trade organization that eventually involved approximately 130 countries. Through various negotiating rounds, the GATT was extended or modified by numerous supplementary codes and arrangements, interpretations, waivers, reports by dispute-settlement panels, and decisions of its council.

      During negotiations ending in 1994, the original GATT and all changes to it introduced prior to the Uruguay Round were renamed GATT 1947. This set of agreements was distinguished from GATT 1994, which comprises the modifications and clarifications negotiated during the Uruguay Round (referred to as “Understandings”) plus a dozen other multilateral agreements on merchandise trade. GATT 1994 became an integral part of the agreement that established the WTO. Other core components include the General Agreement on Trade in Services (GATS), which attempted to supervise and liberalize trade; the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sought to improve protection of intellectual property across borders; the Understanding on Rules and Procedures Governing the Settlement of Disputes, which established rules for resolving conflicts between members; the Trade Policy Review Mechanism, which documented national trade policies and assessed their conformity with WTO rules; and four plurilateral agreements, signed by only a subset of the WTO membership, on civil aircraft, government procurement, dairy products, and bovine meat (though the latter two were terminated at the end of 1997 with the creation of related WTO committees). These agreements were signed in Marrakech, Morocco, in April 1994, and, following their ratification, the contracting parties to the GATT treaty became charter members of the WTO. By the early 21st century the WTO had more than 140 members.

Objectives and operation
      The WTO has six key objectives: (1) to set and enforce rules for international trade, (2) to provide a forum for negotiating and monitoring further trade liberalization, (3) to resolve trade disputes, (4) to increase the transparency of decision-making processes, (5) to cooperate with other major international economic institutions involved in global economic management, and (6) to help developing countries benefit fully from the global trading system. Although shared by the GATT, in practice these goals have been pursued more comprehensively by the WTO. For example, whereas the GATT focused almost exclusively on goods—though much of agriculture and textiles were excluded—the WTO encompasses all goods, services, and intellectual property, as well as some investment policies. In addition, the permanent WTO Secretariat, which replaced the interim GATT Secretariat, has strengthened and formalized mechanisms for reviewing trade policies and settling disputes. Because many more products are covered under the WTO than under the GATT and because the number of member countries and the extent of their participation has grown steadily—the combined share of international trade of WTO members now exceeds 90 percent of the global total—open access to markets has increased substantially.

      The rules embodied in both the GATT and the WTO serve at least three purposes. First, they attempt to protect the interests of small and weak countries against discriminatory trade practices of large and powerful countries. The WTO's most-favoured-nation (most-favoured-nation treatment) and national-treatment articles stipulate that each WTO member must grant equal market access to all other members and that both domestic and foreign suppliers must be treated equally. Second, the rules require members to limit trade only through tariffs and to provide market access not less favourable than that specified in their schedules (i.e., the commitments that they agreed to when they were granted WTO membership or subsequently). Third, the rules are designed to help governments resist lobbying efforts by domestic interest groups seeking special favours. Although some exceptions to the rules have been made, their presence and replication in the core WTO agreements were intended to ensure that the worst excesses would be avoided. By thus bringing greater certainty and predictability to international markets, it was thought, the WTO would enhance economic welfare and reduce political tensions.

Resolution of trade disputes
      The GATT provided an avenue for resolving trade disputes, a role that was strengthened substantially under the WTO. Members are committed not to take unilateral action against other members. Instead, they are expected to seek recourse through the WTO's dispute-settlement system and to abide by its rules and findings. The procedures for dispute resolution under the GATT have been automated and greatly streamlined, and the timetable has been tightened.

      Dispute resolution begins with bilateral consultations through the mediation, or “good offices,” of the director-general. If this fails, an independent panel is created to hear the dispute. The panel submits a private draft report to the parties for comment, after which it may revise the report before releasing it to the full WTO membership. Unlike the IMF and the World Bank, both of which use weighted voting, each WTO member has only one vote. As in the earlier GATT system, however, most decisions are made by consensus. Unless one or both of the parties files a notice of appeal or the WTO members reject the report, it is automatically adopted and legally binding after 60 days. The process is supposed to be completed within nine months, and, if an appeal is lodged, the WTO Appellate Body hears and rules on any claim of legal error within 60 days. Appellate rulings are automatically adopted unless a consensus exists among members against doing so.

Trade-policy reviews
      The WTO also seeks to increase awareness of the extent and effects of trade-distorting policies, a goal that it accomplishes through annual notification requirements and through a policy-review mechanism. Notices of all changes in members' trade and trade-related policies must be published and made accessible to their trading partners. For many developing countries and countries whose economies were formerly centrally planned, this requirement was a major step toward more transparent governance. The WTO reviews the trade policies of the world's four largest traders (the European Union, the United States, Japan, and Canada) once every two years, the policies of the 16 next largest traders once every four years, and the policies of all other traders once every six or more years. After extensive consultations with the member country under review, the WTO Secretariat publishes its review together with a companion report by the country's government. The process thus monitors the extent to which members are meeting their commitments and provides information on newly opened markets. It also provides a firmer basis for subsequent trade negotiations and the resolution of trade disputes.

Assessment
      The pace of international economic integration via the GATT and WTO rounds of multilateral trade negotiations has been slower and less comprehensive than some members would prefer. Some have suggested that there should be additional integration among subgroups of (often neighbouring) member economies—e.g., those party to the European Union, the North American Free Trade Agreement, and the Asia-Pacific Economic Cooperation—for political, military, or other reasons. Notwithstanding the most-favoured-nation clauses in the agreements establishing the WTO, the organization does allow such preferential integration under certain conditions. Even though many such integration agreements arguably do not involve “substantially all trade”—the WTO's main condition—there has been little conflict over the formation of free-trade areas and customs unions (customs union). The most common omissions from such agreements are politically sensitive sectors such as agriculture.

 Beginning in the late 1990s, the WTO was the target of fierce criticism. Opponents of globalization (globalization, cultural), and in particular those opposed to the growing power of multinational corporations (multinational corporation), argued that the WTO infringes upon national sovereignty and promotes the interests of large corporations at the expense of smaller local firms struggling to cope with import competition. Environmental and labour groups (especially those from wealthier countries) have claimed that trade liberalization leads to environmental damage and harms the interests of low-skilled unionized workers. Protests by these and other groups at WTO ministerial meetings—such as the 1999 demonstrations in Seattle, Washington, U.S., which involved approximately 50,000 people—became larger and more frequent, in part because the development of the Internet and e-mail made large-scale organizing and collective action easier. In response to such criticism, supporters of the WTO claimed that regulating trade is not an efficient way to protect the environment and labour rights. Meanwhile, some WTO members, especially developing countries, resisted attempts to adopt rules that would allow for sanctions against countries that failed to meet strict environmental and labour standards, arguing that they would amount to veiled protectionism.

      Despite these criticisms, however, WTO admission remained attractive for nonmembers, as evidenced by the increase in the number of members after 1995. Most significantly, China entered the WTO in 2001 after years of accession negotiations. The conditions for Chinese membership were in some ways more restrictive than those for developing countries, reflecting the concerns of some WTO members that the admission of such a large and still somewhat planned economy might have an overall negative effect on free trade.

Kym Anderson

Additional Reading
The genesis of the stillborn International Trade Organization is discussed in William Diebold, The End of ITO (1952); Douglas A. Irwin, “The GATT in Historical Perspective,” The American Economic Review 85(2): 323–328 (May 1995); and Charles P. Kindleberger, “Commercial Policy Between the Wars,” in Peter Mathias and Sidney Pollard (eds.), The Industrial Economies: The Development of Economic and Social Policies (1989), pp. 161–196, vol. 8 of The Cambridge Economic History of Europe.The evolution and role of the GATT is covered in Gerard Curzon, Multilateral Commercial Diplomacy: The General Agreement on Tariffs and Trade, and Its Impact on National Commercial Policies and Techniques (1965); Kenneth W. Dam, The GATT: Law and International Economic Organization (1970, reprinted 1977); Bernard M. Hoekman and Michel M. Kostecki, The Political Economy of the World Trading System: From GATT to WTO (1995); Robert E. Hudec, Enforcing International Trade Law: The Evolution of the Modern GATT Legal System (1993); John H. Jackson, The World Trading System: Law and Policy of International Economic Relations, 2nd ed. (1997); Anne O. Krueger and Chonira Aturupane (eds.), The WTO as an International Organization (1998, reissued 2000); Michael J. Trebilcock and Robert Howse, The Regulation of International Trade, 2nd ed. (1999); and Gilbert R. Winham, The Evolution of International Trade Agreements (1992). Discussions of the Uruguay Round of multilateral trade negotiations, which led to the transformation of the GATT into the WTO, appear in John Croome, Reshaping the World Trading System: A History of the Uruguay Round, 2nd ed., rev. (1999); and Terence P. Stewart (ed.), The GATT Uruguay Round: A Negotiating History (1986–1992), 4 vol. (1993–99). The legal text of the Uruguay Round, including the Agreement to Establish the WTO, can be found in World Trade Organization, The Results of the Uruguay Round of Multilateral Trade Negotiations: The Legal Texts (1994; also published as The Legal Texts: The Results of the Uruguay Round of Multilateral Trade Negotiations, 1999). The case history of dispute settlement under the GATT is World Trade Organization, Analytical Index: Guide to GATT Law and Practice, 6th rev. and updated ed. (1994). Discussions of the GATT and the WTO as they relate to developing countries can be found in Robert E. Hudec, Developing Countries in the GATT Legal System (1987); and Will Martin and L. Alan Winters (eds.), The Uruguay Round and the Developing Countries (1995).Kym Anderson

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Universalium. 2010.

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