Objective, Function, Source and membership of WTO

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 Objectives of the WTO

 Preamble of the WTO Agreement

 The ultimate objectives of the WTO are thus: (See US – Shrimp, the Appellate Body)

1.      the increase of standards of living;

2.      the attainment of full employment;

3.      the growth of real income and effective demand; and

4.      the expansion of production of, and trade in, goods and services.

 According to the Preamble to the WTO Agreement, the two main instruments, or means, to achieve the objectives of the WTO are reciprocal and mutually advantageous arrangements on:

1.      the reduction of trade barriers; and

2.      the elimination of discrimination.

 

Functions of the WTO

 1.      to provide the common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to the WTO Agreement. (Article II:1 of the WTO Agreement)

2.      the implementation of the WTO agreements;

3.      the negotiation of new agreements;

4.      the settlement of disputes;

5.      trade policies review;

6.      cooperation with other organisations; and

7.      technical assistance to developing countries.

 

Basic Principles of the WTO

 

  1. the principles of non-discrimination;
  2. the rules on market access, including rules on transparency;
  3. the rules on unfair trade;
  4. the rules on conflicts between trade liberalisation and other societal values and interests;
  5. the rules on special and differential treatment for developing countries; and
  6. a number of key institutional and procedural rules relating to decision making and dispute settlement.

 

Sources of the WTO Law

Van den Bossche 44: The principal source of WTO law is the Marrakesh Agreement Establishing the World Trade Organization, concluded on 15 April 1994 and in force since 1 January 1995. Other sources of WTO law include WTO dispute settlement reports, acts of WTO bodies, agreements concluded in the context of the WTO, customary international law, general principles of law, other international agreements, subsequent practice of WTO Members, teachings of the most highly qualified publicists and, finally, the negotiating history.

 

 

Membership of the WTO

1.      States and custom territories

2.      The European Communities is also a WTO Member but this is a case apart, specifically provided for in the WTO Agreement. (Article XI of the WTO Agreement)

3.      Accession Process: Original members became members by accepting the WTO Agreement and the Multilateral Trade Agreements. Making concessions and commitments for both trade in goods and services.

4.      Another process is through accession: Where acceding candidate agrees to multilateral trade agreements and the WTO agreement. Candidate negotiates the membership with other members.

Process:

a.       Presentation of a memorandum on the policies relevant to the WTO.

b.      Bilateral negotiations on market access.

c.       Drafting of ‘protocol of accession’) and lists (‘schedules’) of the market access commitments and concessions of the candidate for membership.

d.      Decision

 

Obligations:

a.       No reservation.

b.      Waiver (IX:3, the WTO Agreement)

c.       Non application (XIII, the WTO Agreement)

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