allowing for the optimal use of the worlds reserves in accordance with the objective of sustainable development, and protecting and preserving the environment。 6 Developing countries; in a manner consistent with the respective needs and concerns of Members at different levels of development. 世贸组织的目的是:为了提高生活水平,保证充分就业,扩大生产和贸易,保护和维护环境 寻求对世界资源的最佳利用,实现可持续发展的目标,保证发展中国家、特别是最不发达国 家“在国际贸易增长中获得与其经济发展需要相当的份额”。 团 Main functions 1. Implementation, administration and operation of the covered agreements .The wto facilitates the implementation, administra tion and operation of the wtO Agreement and the multilateral trade agreements and furthers their objectives. It also prov ides the framework, for those of its Members that have accepted them, for the implementation, administration and operation of the Plurilateral trade agreements.世贸组织的重要职能之一是负责世贸组织各项协定和 多边协议的履行、管理和实施,并促进其目标的实现:此外,还为已接受世贸组织各项协定 或协议的成员方提供了执行、管理与运作的多边贸易合作框架。 2 Forum for negotiations发挥谈判论坛的作用 .The wto provides the forum for negotiations on multilateral trade relations in matters covered by its various agreements. It may also, on decision by the Ministerial Conference, provide a forum for further negotiations, and a framework for the implementation of their results, on other issues arising in the multilateral trade relations among its members.世贸组织还为成员方之间开展多边 贸易谈判和磋商提供了一个适宜的论坛:此外,它还根据部长级会议决定为进一步谈判提供 了一个论坛,为执行谈判结果提供了框架,为解决各成员方之间在多边贸易关系发展中的其 它问题提供了有效的途径 3 Dispute settlement协调和解决贸易争端 .The Wto administers the integrated dispute settlement system, which is a central element in providing security and predictability to the multilateral trading system, serving to preserve the rights and obligations of the members of the wto.。世贸组织管理《WTO协议》附件2(即《关于争端解决规则与程序的谅解》) 所列的安排,解决成员问可能产生的贸易争端。为解决各成员方之间在货物贸易、服务贸易
6 allowing for the optimal use of the world's reserves in accordance with the objective of sustainable development, and protecting and preserving the environment。 • 6.Developing countries :in a manner consistent with the respective needs and concerns of Members at different levels of development. 世贸组织的目的是：为了提高生活水平，保证充分就业，扩大生产和贸易，保护和维护环境， 寻求对世界资源的最佳利用，实现可持续发展的目标，保证发展中国家、特别是最不发达国 家“在国际贸易增长中获得与其经济发展需要相当的份额”。 Ⅲ. Main functions •1.Implementation, administration and operation of the covered agreements •The WTO facilitates the implementation, administration and operation of the WTO Agreement and the Multilateral Trade Agreements, and furthers their objectives. It also provides the framework, for those of its Members that have accepted them, for the implementation, administration and operation of the Plurilateral Trade Agreements. 世贸组织的重要职能之一是负责世贸组织各项协定和 多边协议的履行、管理和实施，并促进其目标的实现；此外，还为已接受世贸组织各项协定 或协议的成员方提供了执行、管理与运作的多边贸易合作框架。 • • 2.Forum for negotiations 发挥谈判论坛的作用 •The WTO provides the forum for negotiations on multilateral trade relations in matters covered by its various agreements. It may also, on decision by the Ministerial Conference, provide a forum for further negotiations, and a framework for the implementation of their results, on other issues arising in the multilateral trade relations among its Members. 世贸组织还为成员方之间开展多边 贸易谈判和磋商提供了一个适宜的论坛：此外，它还根据部长级会议决定为进一步谈判提供 了一个论坛，为执行谈判结果提供了框架，为解决各成员方之间在多边贸易关系发展中的其 它问题提供了有效的途径。 • 3.Dispute settlement 协调和解决贸易争端 •The WTO administers the integrated dispute settlement system, which is a central element in providing security and predictability to the multilateral trading system, serving to preserve the rights and obligations of the Members of the WTO.。世贸组织管理《WTO 协议》附件 2（即《关于争端解决规则与程序的谅解》） 所列的安排，解决成员问可能产生的贸易争端。为解决各成员方之间在货物贸易、服务贸易
和知识产权等领域发生的争端,制定了一套有效的解决机制。这为保证多边贸易体制和提高 其预见性发挥了核心作用,并有利于该组织各成员方权利与义务的保护与执行 4. Review of national trade policies .The Wto administers the trade policy review mechanism, which is designed to contribute to greater transparency and understanding of the trade policies and practices of wTo Members, to their improved adherence to the rules, disciplines and commitments of the multilateral trading system, and hence to the smoother functioning of the system.审议和监督各成员方的贸易政策。世贸组织管理 《WTO协议》附件3(即《贸易政策审议机制》)所列的安排,负责对各成员方国内贸易政 策进行审议和监督。该审议制度是为了使各成员方对贸易政策和措施增加更大的透明度和更 清楚的了解而制定的,使其保持与全球性经济政策与制度的统一性,促进各成员方坚持多边 贸易体制的原则、规则,实现所作出的承诺,从而保证世贸组织的顺利运行。 5 Coherence in global economic policy-making .A Ministerial Declaration adopted at the marrakesh Ministerial Meeting recognizes the role of trade liberalization in achieving greater coherence in global economic policy-making. For this purpose the WTO cooperates, as appropriate, with the International Monetary Fund and with the world Bank.贸易自由化对实 现全球经济决策更大的统一性发挥着重要作用,为保证全球经济决策一致性,必须与国际货 币基金组织(IMF)和世界银行进行必要的合作 1. Structure(Main Organs) Ministerial Conference The Ministerial Conference is the supreme body of the WTO, composed of representatives of all Members, with the authority to carry out the functions of the wto, take the actions necessary to this effect, and take decisions on matters under any of the Multilateral Trade agreements if so requested by a Member. The ministerial Conference is to meet at least once every two years. · General Council The day to day business of the wto is conducted by the general council, also composed of representatives of all wTO Members, which meets on a regular basis(normally once every two months). The General Council acts on behalf of the ministerial Conference in the periods between its meetings, and reports directly to it Dispute settlement bod
7 和知识产权等领域发生的争端，制定了一套有效的解决机制。这为保证多边贸易体制和提高 其预见性发挥了核心作用，并有利于该组织各成员方权利与义务的保护与执行。 • 4.Review of national trade policies •The WTO administers the Trade Policy Review Mechanism, which is designed to contribute to greater transparency and understanding of the trade policies and practices of WTO Members, to their improved adherence to the rules, disciplines and commitments of the multilateral trading system, and hence to the smoother functioning of the system. 审议和监督各成员方的贸易政策。世贸组织管理 《WTO 协议》附件 3（即《贸易政策审议机制》）所列的安排，负责对各成员方国内贸易政 策进行审议和监督。该审议制度是为了使各成员方对贸易政策和措施增加更大的透明度和更 清楚的了解而制定的，使其保持与全球性经济政策与制度的统一性，促进各成员方坚持多边 贸易体制的原则、规则，实现所作出的承诺，从而保证世贸组织的顺利运行。 • 5.Coherence in global economic policy-making •A Ministerial Declaration adopted at the Marrakesh Ministerial Meeting recognizes the role of trade liberalization in achieving greater coherence in global economic policy-making. For this purpose, the WTO cooperates, as appropriate, with the International Monetary Fund and with the World Bank. 贸易自由化对实 现全球经济决策更大的统一性发挥着重要作用，为保证全球经济决策一致性，必须与国际货 币基金组织（IMF）和世界银行进行必要的合作。 Ⅳ. Structure (Main Organs) • Ministerial Conference •The Ministerial Conference is the supreme body of the WTO, composed of representatives of all Members, with the authority to carry out the functions of the WTO, take the actions necessary to this effect, and take decisions on matters under any of the Multilateral Trade Agreements if so requested by a Member. The Ministerial Conference is to meet at least once every two years. • General Council •The day to day business of the WTO is conducted by the General Council, also composed of representatives of all WTO Members, which meets on a regular basis (normally once every two months). The General Council acts on behalf of the Ministerial Conference in the periods between its meetings, and reports directly to it. • Dispute Settlement Body
.The general Council acts also as the dispute Settlement Body sb), which has its own Chairman and its own rules of procedure, to discharge the functions assigned to the dsB under the dispute Settlement Understanding Trade policy review body .The general council meets also as the Trade policy review body, which again has its own Chairman and rules of procedure, to carry out the review of Members' trade policies and practices, as provided for in the trade policy Review mechanism Councils Three sectoral councils have been es tablished for goods. services and triPs matters,respectively. These Councils, operating under the general guidance of the general Council, carry out the responsibilities assigned to them by their respective agreements and by the general Council; they meet as necessary to carry out their functions; and they are open to representatives of all wto Members. They may also estab lish su bsidiary bodies, such as co mmittees and working parties. Council for Trade in Goods: The Council for Trade in Goods oversees the functioning of the multilateral agreements on trade in goods. These include the General Agreement on Tariffs and Trade (gatt and related Understandings, and twelve other agreements, as contained in Annex la to the WTOAgreement Council for Trade in Services The Council for Trade in Services oversees the functioning of the general agreement on Trade in Services( GAtS) Council for TRIPs: The Council for TRIPs oversees the function ing of the agreement on Trade-Related Aspects of Intellectual Property rights(triPs greement). Committees and other subsidiary bodies .Three main committees are established by the wto agreement: the committee on Trade and development the Committee on Balance-of-Payments Restrictions
8 •The General Council acts also as the Dispute Settlement Body (DSB), which has its own Chairman and its own rules of procedure, to discharge the functions assigned to the DSB under the Dispute Settlement Understanding. • Trade Policy Review Body •The General Council meets also as the Trade Policy Review Body, which again has its own Chairman and rules of procedure, to carry out the review of Members' trade policies and practices, as provided for in the Trade Policy Review Mechanism. •Councils •Three sectoral councils have been established for goods, services and TRIPs matters, respectively. These Councils, operating under the general guidance of the General Council, carry out the responsibilities assigned to them by their respective agreements and by the General Council; they meet as necessary to carry out their functions; and they are open to representatives of all WTO Members. They may also establish subsidiary bodies, such as committees and working parties. • Council for Trade in Goods : The Council for Trade in Goods oversees the functioning of the multilateral agreements on trade in goods. These include the General Agreement on Tariffs and Trade (GATT) and related Understandings, and twelve other agreements, as contained in Annex 1A to the WTO Agreement. •Council for Trade in Services : The Council for Trade in Services oversees the functioning of the General Agreement on Trade in Services (GATS). • Council for TRIPs : The Council for TRIPs oversees the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). •Committees and other subsidiary bodies •Three main committees are established by the WTO Agreement: •the Committee on Trade and Development, •the Committee on Balance-of-Payments Restrictions
.the Committee on budget, Finance and administration. Membership of these committees is also open to all Members of the Wto. The General Council has estab lished two other committees reporting to it: the Committee on Trade and environment and the Committee on Regional trade greement V Decision-making .The Wto continues the practice of decision-making by consensus followed under the gatt 1947. Consensus is defined as the situation where no member. present at a meeting where a decision is taken, formally objects to the proposed decision. However, it is recognized that there may be situations where a consensus cannot be reached, in which case the matter may be decided by voting Voting rules are set out in the wto agreement. 采用合意决策的作法,即如果任何一个与会的成员方对拟通过的决议不正式提出反对,就算 达成合意。如通过合意未达成决定时,以投票决定。在部长会议和总理事会上,成员方均 有一票投票权,除非另有规定,通常以多数票为准。部长会议和总理事会拥有对世贸组织 各项协议的解释权,运用解释作出的决定以成员方3/44的投票为准。如要免除成员方义务, 需部长会议以314的投票方式表决 V Legal framework Wto Agreement: Marrakesh agreement establishing the world trade Organization建立世界贸易组织协定 ANNEX I Annex IA: Multilateral agreements on Trade in goods (including gatt1994 and other multilateral agreements Annex IB: GATS(the General agreement on Trade in Service) Annex IC: tRiPS (the Ag greement on Trade-Ralated Aspects of Intellectual Rights) ANNEX 2: Dsu (Understanding on rules and procedures governing the settlement of disputes) ANNEX 3: Trade Policy Review Mechanism AnnEX 4: Plurilateral Trade agreements V. The outline ofwTo agreements .Firstly, they start with broad principles reflected in GATT, GATS and TRIPS. .Then come extra agreements and annexes dealing with the special requirements
9 •the Committee on Budget, Finance and Administration. •Membership of these committees is also open to all Members of the WTO. The General Council has established two other committees reporting to it: the Committee on Trade and Environment and the Committee on Regional Trade Agreement. Ⅴ. Decision-making •The WTO continues the practice of decision-making by consensus followed under the GATT 1947. Consensus is defined as the situation where no Member, present at a meeting where a decision is taken, formally objects to the proposed decision. However, it is recognized that there may be situations where a consensus cannot be reached, in which case the matter may be decided by voting. Voting rules are set out in the WTO Agreement. 采用合意决策的作法，即如果任何一个与会的成员方对拟通过的决议不正式提出反对，就算 达成合意。 如通过合意未达成决定时，以投票决定。在部长会议和总理事会上，成员方均 有一票投票权，除非另有规定，通常以多数票为准。 部长会议和总理事会拥有对世贸组织 各项协议的解释权，运用解释作出的决定以成员方 3/4 的投票为准。 如要免除成员方义务， 需部长会议以 3/4 的投票方式表决。 Ⅵ. Legal Framework WTO Agreement: Marrakesh Agreement Establishing the World Trade Organization 建立世界贸易组织协定 ANNEX 1 Annex 1A: Multilateral Agreements on Trade in Goods (including GATT1994 and other multilateral agreements) Annex 1B:GATS (the General Agreement on Trade in Service) Annex 1C: TRIPS (the Agreement on Trade-Ralated Aspects of Intellectual Property Rights) ANNEX 2: DSU (Understanding on rules and procedures governing the settlement of disputes) ANNEX 3: Trade Policy Review Mechanism ANNEX 4: Plurilateral Trade Agreements Ⅶ. The outline of WTO agreements •Firstly, they start with broad principles reflected in GATT, GATS and TRIPS. •Then come extra agreements and annexes dealing with the special requirements
of specific sectors or issues Finally there are the detailed and leng thy schedules (or lists)of commitments made dual countries allowing specific foreign products or service providers s to the market ●1. Goods Trade negotiations all began with trade in goods from 1947 to 1994, Gatt was the forum for negotiating lower customs duty rates and other trade barriers; the text of GATT spelt out important rules, particularly nondiscrimination. Since 1995, the updated gatt has become the wtos umbrella agreement for trade in goods. It has annexes dealing with specific sectors such as agriculture and textiles, and with specific issues such as state trading product standards, subsidies and actions taken against dumping. ·2. Services Banks, insurance firms, telecommunications companies, tour operators, hotel chains and transport companies looking to do business abroad can now enjoy the same principles as free and fair trade that were originally only applied to trade in goods. These principles appear in the new General Agreement on Trade in Services (GATS). WTO members have also made individual commitments under gats stating which of their services sectors they are willing to open to foreign competitors. and how open those markets are 3. Intellectual property The wTos intellectual property agreement amounts to rules for trade and investment in ideas and creativity. The rules state how copyrights, trademarks, geographical indication used to identify products, industrial designs, integrated circuit layout-designs and undisclosed information such as trade secrets should be protected when trade is involved. .4. Dispute settlement The Understanding on rules and procedures governing the settlement of Disputes( the Dispute Settlement Understanding or dsu) carries forward and improves on the dispute settlement procedures of GATT 1947. most importantly, the dsu establishes a unified system for settling disputes that arise under the WTO Agreement and its annexes( other than the annex establishing the trade Policy Review Mechanism)
10 of specific sectors or issues. •Finally there are the detailed and lengthy schedules (or lists) of commitments made by individual countries allowing specific foreign products or service providers access to the market. •1. Goods • Trade negotiations all began with trade in goods from 1947 to 1994, GATT was the forum for negotiating lower customs duty rates and other trade barriers; the text of GATT spelt out important rules, particularly nondiscrimination. Since 1995, the updated GATT has become the WTO's umbrella agreement for trade in goods. It has annexes dealing with specific sectors such as agriculture and textiles, and with specific issues such as state trading product standards, subsidies and actions taken against dumping. •2. Services • Banks, insurance firms, telecommunications companies, tour operators, hotel chains and transport companies looking to do business abroad can now enjoy the same principles as free and fair trade that were originally only applied to trade in goods. These principles appear in the new General Agreement on Trade in Services (GATS). WTO members have also made individual commitments under GATS stating which of their services sectors they are willing to open to foreign competitors, and how open those markets are. •3. Intellectual property • The WTO's intellectual property agreement amounts to rules for trade and investment in ideas and creativity. The rules state how copyrights, trademarks, geographical indication used to identify products, industrial designs, integrated circuit layout-designs and undisclosed information such as trade secrets should be protected when trade is involved. •4. Dispute settlement • The Understanding on Rules and Procedures Governing the Settlement of Disputes ( the Dispute Settlement Understanding or DSU ) carries forward and improves on the dispute settlement procedures of GATT 1947. Most importantly, the DSU establishes a unified system for settling disputes that arise under the WTO Agreement and its annexes ( other than the annex establishing the Trade Policy Review Mechanism)