中国矿业大学 文法学院教案 Chapter 8: World Trade organization 通过本章教学,要求同学们了解WTO的发展历史、法律地位 黄教学目的及要求行机制和宏观法律框架,掌握WT基本原则,反倾销法律制度,补贴 决机制。 要求同学们掌握的内容为本章的教学重点,即如下内容: ①WTO基本原则; 教学重点②反倾销制度、补贴与反补贴措施、保障措施 ③技术性贸易壁垒等非关税措施; ④wTO的争端解决机制。 ①反倾销制度、补贴与反补贴措施、保障措施: 教学难点②技术性贸易措施等非关税措施 教学内容及文本演示 课外阅读法条 课堂讨论 ection l General Introduction to Wto ction 2: Major Principles ofWTo 1.WTO第一案 Section 3. GATT Exceptions 2.1998年海龟案 Section 4. Anti-dumping Multilateral Section5 subsidies and countervailing Agreements on Trade measures In G0o Section6. Safeguards 3中国入世第一案 ection 7. Non-tariff measures Section 8. GAtS GATS ection 9. Dispute settlement 本章思考题 1.针对国外的技术性贸易壁垒我国在对外贸易中应采取的措施 2.WTO争端解决机制的不足与完善
1 中 国 矿 业 大 学 文 法 学 院 教 案 Chapter 8：World Trade Organization 教学目的及要求 通过本章教学，要求同学们了解 WTO 的发展历史、法律地位、运 行机制和宏观法律框架，掌握 WTO 基本原则、反倾销法律制度、补贴 与反补贴措施、保障措施和一些重要的非关税措施以及 WTO 的争端解 决机制。 教 学 重 点 要求同学们掌握的内容为本章的教学重点，即如下内容： ①WTO 基本原则； ②反倾销制度、补贴与反补贴措施、保障措施； ③技术性贸易壁垒等非关税措施； ④WTO 的争端解决机制。 教 学 难 点 ①反倾销制度、补贴与反补贴措施、保障措施； ②技术性贸易措施等非关税措施； 教 学 内 容 及 文 本 演 示 课外阅读法条 课 堂 讨 论 Section 1. General Introduction to WTO Section 2: Major Principles of WTO Multilateral Agreements on Trade in Goods 1. WTO 第一案 Section 3. GATT Exceptions 2. 1998 年海龟案 Section 4. Anti-dumping Section5. Subsidies and countervailing measures Section6. Safeguards 3.中国入世第一案 Section 7. Non-tariff measures Section 8. GATS GATS Section 9. Dispute settlement DSU 本章思考题： 1. 针对国外的技术性贸易壁垒我国在对外贸易中应采取的措施。 2. WTO 争端解决机制的不足与完善
Chapter 8 World Trade organization Section General Introduction to wTO .I. A Brief History of GATt> .l. The Differences and Relations Between Wto and gatt> 亚. Nature> Ⅳ. Objectives> .v. Main functions> .V. Structure(Main Organs)> Ⅶ ecision-making Ⅷ. Legal framework> 1. A Brief History of GATT WTo- World Trade organization came into being on 1 January 1995 headquartered in Geneva, Switzerland .GATT- Generalagreement on tariffs and trade. Wtos 'predecessor-- was established on October, 1947 1. A Brief History ofGATT · the second world war .international economic cooperation Bretton Woods" conference ( New Hampshire) World Bank -International Bank for Reconstruction and Development IMF--International Monetary Fund TTO--International Trade organization specialized agencies of the United Nations 1. A Brief History of GaTT A Charter for an International Trade organization (to) was drafted by the us and amended by many other countries. The Charter was intended to provide not only world trade disciplines but also contained rules relating to employment
2 Chapter 8 World Trade Organization Section 1:General Introduction to WTO •Ⅰ. A Brief History of GATT> •Ⅱ.The Differences and Relations Between WTO and GATT> •Ⅲ. Nature > •Ⅳ. Objectives> •Ⅴ. Main functions> •Ⅵ. Structure (Main Organs)> •Ⅶ. Decision-making> •Ⅷ. Legal Framework> Ⅰ. A Brief History of GATT •WTO— World Trade Organization came into being on 1 January 1995. •headquartered in Geneva,Switzerland •GATT--- General Agreement on Tariffs and Trade, WTO’s •predecessor-- was established on October ,1947 I. A Brief History of GATT •the Second World War •international economic cooperation •“ Bretton Woods” conference （New Hampshire） •World Bank --International Bank for Reconstruction and Development •IMF--International Monetary Fund •ITO--International Trade Organization • specialized agencies of the United Nations I. A Brief History of GATT •A Charter for an International Trade Organization (ITO) was drafted by the US and amended by many other countries. •The Charter was intended to provide not only world trade disciplines but also contained rules relating to employment
commodity agreements, restrictive business practices, international investment and services .The rto Charter was finally agreed at a N Conference on Trade and employment in Havana in March 1948(so called “ Havana Charter”) .A long way to go for ratification by legislatures 1. A Brief History ofGATT While the charter was seeking ratifica tion in national legislatures tariff negotiations were opened among the 23 founding gatt "contracting parties" in order to give an early boost to trade liberalization after the second world war-and to begin to correct the large overhang(突出问题) of protectionist (贸易保护的) measures which remained in place from the early 1. A Brief History Of GATT .This first round of negotiations resulted in 45,000 tariff concessions(关税减让) affecting s10 billion- or about one-fifth of world trade .The tariff concessions and the principles and basic rules in the draft ito charter together became known as the general Agreement on Tariffs and Trade and entered into force in January 1948 It was assumed to be a provisional system before To 1. A Brief History of gatT .Although the Ito Charter was finally agreed at a UN Conference on Trade and employment in Havana in March 1948. ratification in national legislatures proved impossible in some .When the United states government announced, in 1950, that it would not seek Congressional ra tification of the havana charter the ito was effectively dead 1. A Brief History ofGATT Despite its provisional nature, the gatt remained the only multilateral instrument govern ing international trade from 1948 until the establishment of the wto Although, in its 47 years, the basic legal text of the gatt remained much as it was in 1948. there were additional
3 commodity agreements, restrictive business practices, international investment and services. •The ITO Charter was finally agreed at a UN Conference on Trade and Employment in Havana in March 1948 (so called “Havana Charter”). •A long way to go for ratification by legislatures I. A Brief History of GATT •While the charter was seeking ratification in national legislatures , tariff negotiations were opened among the 23 founding GATT “contracting parties” in order to give an early boost to trade liberalization after the Second World War - and to begin to correct the large overhang (突出问题）of protectionist (贸易保护的） measures which remained in place from the early 1930s . I. A Brief History of GATT •This first round of negotiations resulted in 45,000 tariff concessions （关税减让）affecting $10 billion - or about one-fifth - of world trade. •The tariff concessions and the principles and basic rules in the draft ITO Charter together became known as the General Agreement on Tariffs and Trade and entered into force in January 1948. •It was assumed to be a provisional system before ITO. I. A Brief History of GATT •Although the ITO Charter was finally agreed at a UN Conference on Trade and Employment in Havana in March 1948, ratification in national legislatures proved impossible in some cases. •When the United States' government announced, in 1950, that it would not seek Congressional ratification of the Havana Charter, the ITO was effectively dead. I. A Brief History of GATT •Despite its provisional nature, the GATT remained the only multilateral instrument governing international trade from 1948 until the establishment of the WTO. •Although, in its 47 years, the basic legal text of the GATT remained much as it was in 1948, there were additional
agreements and continual efforts to reduce tariffs. Much of this was achieved through a series of trade rounds 1. A Brief History ofGATT .There were altogether 8 rounds of negotiations under gatt The last one was the Uruguay[uruguai Round which created a new system-WTO After 8 years of negotia tion, every issue was finally resolved in 1992, and on 15 April 1994, the deal was signed by ministers from most of the 125 participating govern ments at a meeting in Marrakesh马拉克什, Morocco摩洛哥. 1. A Brief History of gATT In accordance with WTO Agreement (Marrakesh Agreement Establishing the World Trade organization), wtO came into being on January 1, 1995. WTO is One of the youngest of the international organizations, and the only global international organization dealing with the ules of trade between nations I. Differences and Relations Between wTo and GaTT A. Five differences .The World Trade organization is not a simple extension of GATT; on the contrary, it completely replaces its predecessor and has a very different character. Among the principal differences are the following l. Differences and Relations Between wtoand gatt .l. The gatt was a set of rules, a multilateral agreement, with no institutional foundation, only a small associated secretariat(th far)which had its origins in the attempt to establish an International Trade organization in the 1940s. .The wto is a permanent institution with its own secretariat
4 agreements and continual efforts to reduce tariffs. Much of this was achieved through a series of "trade rounds". I. A Brief History of GATT •There were altogether 8 rounds of negotiations under GATT. The last one was the Uruguay [′urugwai ]Round which created a new system—WTO . •After 8 years of negotiation, every issue was finally resolved in 1992, and on 15 April 1994, the deal was signed by Ministers from most of the 125 participating governments at a meeting in Marrakesh 马拉克什, Morocco 摩洛哥. I. A Brief History of GATT •In accordance with WTO Agreement (Marrakesh Agreement Establishing the World Trade Organization), WTO came into being on January 1,1995. •WTO is One of the youngest of the international organizations, and the only global international organization dealing with the rules of trade between nations. Ⅱ. Differences and Relations Between WTO and GATT A. Five Differences •The World Trade Organization is not a simple extension of GATT; on the contrary, it completely replaces its predecessor and has a very different character. Among the principal differences are the following: Ⅱ. Differences and Relations Between WTO and GATT •1. The GATT was a set of rules, a multilateral agreement, with no institutional foundation, only a small associated secretariat(秘 书处 ) which had its origins in the attempt to establish an International Trade Organization in the 1940s. •The WTO is a permanent institution with its own secretariat
I. Differences and relations Between wtoand gatt °2. The gatt was applied on a“ provisional basis” even if, after more than forty years, governmen ts chose to treat it as a permanent commitment(商业上的约定) The wTo commitments are full and permanent. l. Differences and relations Between wto and GaTT 3. The gatt rules applied only to trade in goods. .In addition to goods, the wto covers trade in services and trade-related aspects of intellectual property. l. Differences and Relations Between wto and GatT many new agreements had been added of a plurilateral 31 4. While gatt was a multilateral instrument, by the 19 therefore selective CThe agreements which constitute the wto are almost a multilateral and. thus involve commitments for the entire membership Plurilateral I. Differences and Relations Between wto and GATT '5. The wto dispute settlement sy stem is faster, more automatic, and thus much less susceptible(易受影响的) to blockages,than the old Gatt syster mplementation of wto dispute findings(裁决) will also be more easily assured I Differences and relations Beteen wto and GaTT B. Relations 1. As a factual institution--GaTT was replaced by Wto; 2. As an agreement--GaTTlives on as"GATT 1994;> 3. Basic principles are remained
5 Ⅱ. Differences and Relations Between WTO and GATT •2.The GATT was applied on a “provisional basis” even if, after more than forty years, governments chose to treat it as a permanent commitment(商业上的约定). • The WTO commitments are full and permanent. Ⅱ. Differences and Relations Between WTO and GATT •3. The GATT rules applied only to trade in goods. •In addition to goods, the WTO covers trade in services and trade-related aspects of intellectual property. Ⅱ. Differences and Relations Between WTO and GATT •4. While GATT was a multilateral instrument, by the 1980s many new agreements had been added of a plurilateral, and therefore selective. •The agreements which constitute the WTO are almost all multilateral and, thus, involve commitments for the entire membership. Plurilateral Ⅱ. Differences and Relations Between WTO and GATT •5. The WTO dispute settlement system is faster, more automatic, and thus much less susceptible (易受影响的)to blockages, than the old GATT system. The implementation of WTO dispute findings（裁决） will also be more easily assured. Ⅱ. Differences and Relations Between WTO and GATT B. Relations 1. As a factual institution--GATT was replaced by WTO; 2. As an agreement--GATT lives on as “GATT 1994”;> 3. Basic principles are remained