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、运 教学目的及要求行机制和宏观法律框架,掌握WO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。 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 Section 1 general introduction to wto Section 2: Major Principles of wto 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 goods 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: 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 1 general Introduction to wto Section 2. Major Principles of wto Section 3. GATT Exceptions 9 Section 4. Anti-dumping 99 Section 5. Subsidies and countervailing measures Section 6. Safeguards 9 Section 7. Non-tariff measures Section 8. GATS ection 9 Dispute settlement Section 1: The Creation of wto e I A Brief History of GATT II. The Differences and Relations Between WTO and GATT 9 II. Nature Ⅳ. Objectives ●V. Main functions e VI Structure(Main Organs) 6Ⅶ Decision- making Ⅷ. Legal framework I. A Brief History of Gatt The WTos predecessor, the gatt, was established on a provisional basis after the second world war in the wake of other new multilateral institutions dedicated to international economic cooperation-notably the Bretton Woods institutions now known as the world bank and the International monetary Fund The original 23 GaTt countries were among over 50 which agreed a draft Charter for an International Trade organization to)-a new specialized agency of the United Nations. The Charter was intended to provide not only world trade disciplines but also contained rules relating to employ ment, commodity agreements, restrictive business practices, interna tional investment and services. 2
2 Chapter 8：World Trade Organization Section 1. General Introduction to WTO Section 2. Major Principles of WTO Section 3. GATT Exceptions Section 4. Anti-dumping Section 5. Subsidies and countervailing measures Section 6. Safeguards Section 7. Non-tariff measures Section 8. GATS Section 9. Dispute settlement Section 1: The Creation of 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 The WTO's predecessor, the GATT, was established on a provisional basis after the Second World War in the wake of other new multilateral institutions dedicated to international economic cooperation - notably the "Bretton Woods" institutions now known as the World Bank and the International Monetary Fund. The original 23 GATT countries were among over 50 which agreed a draft Charter for an International Trade Organization (ITO) - a new specialized agency of the United Nations. 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
In an effort to give an early boost to trade liberaliza tion after the second world War-and to begin to correct the large overhang of protectionist measures which remained in place from the early 1930s- tariff negotiations were opened among the 23 founding gatt contracting parties" in 1946. This first round of negotiations resulted in 45,000 tariff concessions affecting sio billion -or about one-fifth- of world trade. It was also agreed that the value of these concessions should be protected by early-and largely provisional"-acceptance of some of the trade rules in the draft ito charter. The tariff cessions and rules together became known as the general agreement on tariffs and trade and entered into force in January 1948 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 Statesgovernment announced, in 1950, that it would not seek Congressional ratification of the Havana Charter, the Ito was effectively dead. Despite its provisional nature, the GATT remained the only multilateral instrument governing international trade from 1948 until the establishment of the Wto Alth its 47 years, the basic legal text of the gatt remained much as it was in 1948, there were additions in the form of plurilateral.voluntary membership-agreemen ts and continual efforts to reduce tariffs. Much of this was achieved through a series of trade rounds There were altogether 8 rounds of negotiations under gatt. the last one was the Uruguay round which created a new system-WTO After 8 years of negotia tion every issue was fina lly 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. 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 interna tional organizations, and the only global international organization dealing with the rules of trade between nations II. The Differences Between WTo and GATT 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: I, The gatt was a set of rules, a multilateral agreement, with no institutional
3 In an effort to give an early boost to trade liberalization after the Second World War - and to begin to correct the large overhang of protectionist measures which remained in place from the early 1930s - tariff negotiations were opened among the 23 founding GATT "contracting parties" in 1946. This first round of negotiations resulted in 45,000 tariff concessions affecting $10 billion - or about one-fifth - of world trade. It was also agreed that the value of these concessions should be protected by early - and largely "provisional" - acceptance of some of the trade rules in the draft ITO Charter. The tariff concessions and rules together became known as the General Agreement on Tariffs and Trade and entered into force in January 1948. 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. 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 additions in the form of "plurilateral" - voluntary membership - agreements and continual efforts to reduce tariffs. Much of this was achieved through a series of "trade rounds". There were altogether 8 rounds of negotiations under GATT. The last one was the Uruguay 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. 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.The Differences Between WTO and GATT 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: 1、The GATT was a set of rules, a multilateral agreement, with no institutional
foundation, only a small associated secretariat which had its origins in the attempt to establish an International Trade organ ization in the 1940s. The WTo is a permanent institution with its own secretariat 2, The gatt was applied on a provisional basis"even if, after more than forty nt. The wto commitments are full and permanent. 3, The gatt rules applied to trade in merchandise goods. In addition to goods, the wto covers trade in services and trade-related aspects of intellectual property. 4, While gatt was a multilateral instrument, by the 1980s many new agreements had been added of a plurilateral, and therefore selective, nature. The agreements which constitute the wto are almost all multilateral and. thus involve commitments for the entire membership. 5 The wto dispute settlement system is faster, more auto matic, and thus much less susceptible to blockages, than the old gatt system. The implementation of wto dispute findings will also be more easily assured. After wto came into being on I January 1995, GaTT lives on as GATT 1994", the amended and up-dated version of Gatt 1947, which is an integral part of the wto agreement and which continues to provide the key disciplines affecting international trade in goods
4 foundation, only a small associated secretariat 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. 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. The WTO commitments are full and permanent. 3、The GATT rules applied to trade in merchandise goods. In addition to goods, the WTO covers trade in services and trade-related aspects of intellectual property. 4、 While GATT was a multilateral instrument, by the 1980s many new agreements had been added of a plurilateral, and therefore selective, nature. The agreements which constitute the WTO are almost all multilateral and, thus, involve commitments for the entire membership. 5、The WTO dispute settlement system is faster, more automatic, and thus much less susceptible to blockages, than the old GATT system. The implementation of WTO dispute findings will also be more easily assured. After WTO came into being on 1 January 1995, GATT lives on as "GATT 1994", the amended and up-dated version of GATT 1947, which is an integral part of the WTO Agreement and which continues to provide the key disciplines affecting international trade in goods
Section 2 The mechanism of wto I Nature> Ⅱ. Objectives 亚. Main function Iv Structure(Main Organs)> V. Decision-making> °. Legal framework> °Ⅶ. The outline for wto agreements> l Nature .The World Trade Organization (WTO) is the only global interna tional organization dealing with the rules of trade between nations. at its heart are the wTO agreements, negotiated and signed by the bulk of the world,s tradi nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business. It's a rules-based member-driven organiza tion all decisions are made by the member governments, and the rules are the outcome of negotiations among members 正. Objectives 1. To raise standards of living: Relations among members of the wto in the field of trade and economic endeavour should be conducted with a view to raising the standards of living of their populations. 2.To ensure full employment .3. Growing volume of real income and effective demand to promote the steady growth of real incomes and effective demand in their markets, .4.Expanding the production of and trade in goods services °5 Sustainable development(可持续发展) and environmental protection:whil
5 Section 2: The Mechanism of WTO •Ⅰ. Nature > •Ⅱ. Objectives> •Ⅲ. Main functions> •Ⅳ. Structure (Main Organs)> •Ⅴ. Decision-making> •Ⅵ. Legal Framework> •Ⅶ. The outline for WTO agreements> Ⅰ. Nature •The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business. It’s a rules-based, member-driven organization — all decisions are made by the member governments, and the rules are the outcome of negotiations among members. Ⅱ. Objectives •1. To raise standards of living : Relations among Members of the WTO in the field of trade and economic endeavour should be conducted with a view to raising the standards of living of their populations. •2.To ensure full employment •3.Growing volume of real income and effective demand : to promote the steady growth of real incomes and effective demand in their markets, •4.Expanding the production of and trade in goods & services : •5.Sustainable development（可持续发展） and environmental protection :while