6第六章世界贸易组织与中国

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1、Chapter 6 WTO and China世界贸易组织与中国世界贸易组织与中国由NordriDesign提供WTO and China 世界世界贸易组织与中贸易组织与中国国nThe predecessor of WTO(World Trade Organization)is GATT(General Agreement on Tariff and Trade,GATT),entering into force on 1 Jan.,1948,signed by 23 countries on 30 Oct.,1947 in Geneva,which is a multilateral acc

2、ord dealing with the regulation of the foreign policies and the mutual rights and obligation of international trade relations of country members,replaced by WTO on 1 Jan.,1995.Lesson 1 General Introduction of GATT关税与贸易总协定概述关税与贸易总协定概述n1.The Origin and Development of GATT关税关税与贸易总协定的与贸易总协定的产生和发展产生和发展nA

3、fter World War II,being on the leading economic position,United States were engaged in the political,economic,financial,and trade expansion,advocating trade liberation.In 1945,in Bretton Woods Institution sponsored by United States including 23 country members was convened in New Hampshire,in which

4、three international organizations dedicated in trade liberation were established including International Monetary Fund(IMF),World Bank,and GATT.1.The Origin and Development of GATT关税与贸易关税与贸易总协定的产生、发展总协定的产生、发展nWith the advocation of United States,the draft of“Charter of International Trade Organizati

5、on”was passed by Trade Economic and Social Council of UN in the preparatory committee held in Geneva.In the meeting,in order to go into tariff reduction negotiation earlier,based on the articles about tariff in the draft,the representatives in participation of the committee compiled a file named as

6、General Agreement on Tariff and Trade and reached a“temporary applicable protocol”through negotiation as the integral part of GATT,singed by 23 country members in Geneva on 30th OCT.,1947 and went into effect on 1st Jan.,1948.nThe top power body of GATT is general conference of country members,usual

7、ly held annually for the discussion and decision of the important events,and the council between the two general councils is in charge of routine and emergency,under which are all kinds of committees.The GATT also set secretariat in Geneva dealing with the arrangement,recording,and drafting of repor

8、ts as well as the researches necessary for GATT and contacting work with country members etc.1.The Origin and Development of GATT 关税关税与贸与贸易总协定的易总协定的产生和发展产生和发展n The goal of GATT is“Governments of contracting parties,recognizing that their relations in the field of trade and economic endeavour should

9、be conducted with a view to raising standards of living,ensuring full employment and a large and steadily growing volume of real income and effective demand,developing the full use of the resources of the world and expanding the production and exchange of goods,.Being desirous of contributing to the

10、se objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international commerce,contribute to the above-mentioned goals.”1.The Origin and Develop

11、ment of GATT关税与贸关税与贸易总协定的易总协定的产生和发展产生和发展nFrom the commence in 1948 to the end in 1995,over the 47 years with the expansion of GATT contents and activities as well as the increasing country members,GATT had played an increasingly important role in international trade as follows:nGATT promoted trade l

12、iberation and development of international trade.After 8 rounds of trade negotiation under GATT,tariff reduction were fulfilled substantially,covering over 60 thousands of items for the former 6 rounds involving half of commodities of international trade.During the 7th round negotiation,the commodit

13、ies with tariff reduction have occupied one fifth.In addition,during the negotiation,some agreements about non-tariff barrier were also reached.1.The Origin and Development of GATT关税与贸易关税与贸易总协定的总协定的产生和发展产生和发展nGATT advanced the standardization of international trade.The country members under GATT are

14、 required to follow the principles and accords of GATT when they are whatever involved in foreign trade,making and revising their foreign trade measures and dealing with the economic and trade relations with other country members,to assure international trade going on with an ordered and fair regula

15、tion.The principles and accords are the main legal basis for the country members under GATT to make and revise foreign policies and measures as well as get engaged into foreign trade.nGATT granted favorable treatment to developing countries to benefit the development of their foreign trade through t

16、he following ways:offering tariff reduction to the manufactured products and semi-manufactured products produced by developing countries;offering the negotiation occasion about trade for developing countries and developed countries;Helping developing countries to protect their benefits and encourage

17、 the development of foreign trade.2.Uruguay Round Multilateral Negotiation乌拉圭回合多边贸易谈判的议题乌拉圭回合多边贸易谈判的议题n Conducted within the framework of GATT,seven rounds of multilateral trade negotiations have been fulfilled from 1947 to the end of 1979.The eighth round of negotiation was launched in Punta del Es

18、te,Uruguay on 15th Sep.,1986,named as Uruguay Round.With the participation of 123 members,the round of negotiation was finished in Geneva until 15th DEC.,1993.The negotiators in participation of Uruguay Round held a meeting in Marrakesh of Morocco and sighed the Final Act of Uruguay Round as well as

19、 the agreements about the establishment of World Trade Organization,declaring the close of the round.On 1st January 1995,World Trade Organization came in being upon the entry in force to replace GATT system.Lesson 2 World Trade Organization（WTO）世界贸易组织）世界贸易组织n1.The Creation of World Trade Organizatio

20、n世界世界贸易组织的产生贸易组织的产生nWorld Trade Organization,namely WTO for short,was established on 1st January 1995 in accordance with the Agreement Establishing the World Trade Organization which was reached in Uruguay Round of Multilateral Trade Negotiations to replace GATT,and with a full set of accords and ag

21、reements formed upon the Final Act reached in Uruguay Round as the international trade regulations in law,in supervision,management and fulfillment of the right and obligation of the economic and trade relations between country members.1.The Creation of World Trade Organization 世界贸易组织的产生世界贸易组织的产生nIn

22、 the later phase of Uruguay Round,with many substantial negotiation subjects coming to an agreement,country members paid more and more attention on how to conduct Uruguay Round agreements and what kind of frame work to be adopted for WTO.Since 1990,the country members including EU,Canada,Switzerland

23、 and United States have brought out schemes and took a formal proposal to establish“multilateral trade organization”(MTO)in Uruguay Round negotiation on 20th December 1991 after negotiations over and over.With The Final Act and The Agreement Establishing the World Trade Organization signed in Marrak

24、esh,Morocco,taking the agreements of the Final Act as the annex of WTO,WTO was created and enter into force on 1st January 1995.2.The Key Points about the Agreement Establishing World Trade Organization建立世界贸易组织协定的主要内容建立世界贸易组织协定的主要内容nThe agreement consists of 16 articles and 1 annex with the annex li

25、st,stipulating the objectives,functions,structure,membership accession,the way of decision making as well as non-application multilateral trade agreement between particular members.2.1 Objectives宗旨与目标宗旨与目标nIn the prologue,it is said that“Recognizing that their relations in the field of trade and eco

26、nomic endeavour should be conducted with a view to raising standards of living,ensuring full employment and a large and steadily growing volume of real income and effective demand,and expanding the production of and trade in goods and services,while allowing for the optimal use of the worlds resourc

27、es in accordance with the objective of sustainable development,seeking both to protect and preserve the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development”.2.2 Functions职能职能nIn accordance with

28、the agreement,the functions of WTO are as follows:n1,Supervision and Administration.To advance the realization of WTO objectives,WTO shall supervise and administer the implementation of the multilateral trade agreements under the WTO framework.n2,Settlement of Trade Dispute.To facilitate the impleme

29、ntation of Plurilateral Trade Agreements,WTO shall provide forum for multilateral trade negotiations,and administer the Understanding of Rules and Procedures Governing the Settlement of Disputes.n3,Review of Trade System and Policies.WTO shall review the trade systems and domestic economic policies

30、of country members.n4,Cooperation.Wth a view to achieving greater coherence in global economic policy-making,the WTO shall cooperate,as appropriate,with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.n5.Providing to deve

31、loping countries and economy-transferring countries with technology aid.3.Basic Principles of WTO世界贸易组织协定的基本原则世界贸易组织协定的基本原则n3.1 Non-discrimination非歧视原则非歧视原则nNon-discrimination is the most important principle of the WTO agreement,which is given concrete form in the“most-favored-nation”(MFN)and“nation

32、al treatment”rules,mostly aiming at imported and exported commodities and the relevant issues.n3.1.1 Most-favored-nation treatment(MFN).最惠国待最惠国待遇条款遇条款nThe clause means that the contracting parties were bound to grant to the products of other contracting parties treatment no less favorable than that

33、accorded to products of any other country.As it is stipulated in GATT,“any advantage,favor,privilege or immunity granted by any member to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product originating in or destined for

34、the territories of all other members.”n3.1.2 National Treatment.国民待遇条款。国民待遇条款。nThe national treatment requires that each contracting party shall grant the same treatment to the goods entering into domestic market from any other contract party as the home products in terms of taxation and other comme

35、rcial regulations without discrimination.nAs it is provided in national treatment articles,“The products of one contracting country entering into the other contracting country shall not be charged higher tax or other domestic charges than charged on the local-produced products directly or indirectly

36、.”The principle is to make sure that the imported goods have the equal competition as the local produced goods in domestic market and avoid the protection measures including domestic taxation and charging taken by the import country to set off the tariff reduction effect.3.Basic Principles of WTO世界贸

37、易组织协定的基本原则世界贸易组织协定的基本原则n3.2 Free Trade Principle自由贸易原则自由贸易原则nFree trade principle,it is set to restrict and eliminate all the obstacles in international trade,cutting down tariff substantially and reducing non-tariff barriers through multilateral negotiation,further expanding trade relations in good

38、s and services between member countries.nThe principle is fulfilled though the following provisions including protection through tariff,tariff reduction and prohibition of quantitative restrictions.3.Basic Principles of WTO世界贸易组织协定的基本原则世界贸易组织协定的基本原则3.2 Free Trade Principle自由贸易原则自由贸易原则n3.2.1 Protecti

39、on through tariff and tariff reduction关关税保护和关税减让规则税保护和关税减让规则nTariff shall be the only measure adopted to protect domestic industry,and tariff reduction is fulfilled though multilateral negotiation.Tariff reduction means that contracting parties cut down tariff,making concession on tariff reduction l

40、evel on basis of mutual benefit and equality,and reach agreement on tariff reduction schedule.It is provided in GATT that contracting parties have obligation to make tariff reduction and only protect domestic industry with tariff.n3.2.2 Prohibition of quantitative restriction一般取消一般取消数量限制规则数量限制规则nCon

41、tracting parties are required to eliminate quantitative restriction on trade,prohibited to adopt non-tariff barriers especially quota and license.In field of agriculture and textile,there are some exceptions though the quantitative restrictions have been removed after passing the Agreement on Textil

42、es and Clothing to realize the trade liberalization finally.3.2 Free Trade Principle自由贸易原则自由贸易原则3.3 Market Access市场准入原则市场准入原则n It is referred to how much one member country permit the other member countrys goods and services as well as capital to enter into the local market.Market access is an advan

43、cing process in purpose of supplying a favorable commercial environment encouraging trade,investment and employmentnThere are so many factors which influence market access.nIn goods trade,the details are as follows:(1)The degree and scope of tariff restriction;(2)The implementation of non-tariff bar

44、riers,including quantitative restriction,licensing procedures,customs valuation methods and procedures,the rules about technology barrier of trade,regulations of origin,regulations about pre-shipment inspection,implementation of anti-dumping and counter-vailing;(3)transparency of national policies a

45、nd acts and administrative regulations;(4)the implementation of the national treatment on the imported products ets.3.3 Market Access市场准入原则市场准入原则nIn service trade,market access degree is indicated with the channels and barriers established for the service and service supplier of other contracting pa

46、rties.The market access is also the focus of negotiators in the negotiation of international trade.The market access degree is also taken by the contracting parties as the negotiation terms to exchange benefit and keep balance of the whole benefit.3.3 Market Access市场准入原则市场准入原则3.4 Transparency透明度原则透明

47、度原则nTransparency means that the members shall promulgate all the trade policies and measures and the change of them,at the same time notify WTO in time about the implementation and changes of the measures.nTransparency principle is made to avoid members to carry out the unpublicized trade management

48、 which is not in compliance with WTO agreement then leading to trade discrimination and trade barriers.3.5 Fair Competition公平竞争原则公平竞争原则nWhatever member countrys government or enterprise shall avoid the adoption of the measures distorting market competition and correct the unfair trade practices betw

49、een member countries in order to create a fairly competitive market environment.nWTO take the dumping and export subsidy as the unfair trade measures,permitting contracting parties to take measures to set off the damage brought to the import country.3.6 Grant Favorable Treatment to Developing Countr

50、ies and Less-developed Countries 对对发展中国家和最不发达国家给予发展中国家和最不发达国家给予优惠待遇原则优惠待遇原则nWith view to promote the economic growth and reform of developing countries,the special aid and trade concession are provided to them.For instance,the developing members may enjoy the GSP system treatment of the developed me

51、mbers;the developing members may take export subsidy to some extent.nIn accordance with the concerning regulations:the developed contracting parties cannot expect for reciprocal benefit from the obligation they promised to the developing members about the reduction or elimination of tariff and other

52、 barriers in trade.4.Primary Characteristics of WTO世界贸易组织的主要特点世界贸易组织的主要特点nWorld Trade Organization is established on basis of GATT,forming a full set of international law and regulations,with the following characteristics:n4.1 WTO is a formal organization 组织组织机构的正式性机构的正式性nWTO changed the temporary a

53、nd informal form of GATT.According to the agreement,a full set of institutions have been established coming into being a formal international economic organization in legal status.In law,WTO is the subject of international law taking an status as equal as IMF and World Bank,with the organization and

54、 staff enjoying diplomatic privilege and exemption.n4.2 WTO agreement is with legal authority 法律法律权威权威性性nThe Agreement Establishing World Trade Organization can but come into force under the approval of the legislation institutions of contracting countries with getting through the legal procedures a

55、fter the initial signing of the representatives of contracting parties.In Marrakesh meeting dated on 15th April of 1994,seven members including USA,Japan couldnt sign the agreement because of the limitation of domestic legislation procedures,the Agreement could not come into force until the parliame

56、nts of the member countries approved it.4.Primary Characteristics of WTO世界贸易组织的主要特点世界贸易组织的主要特点n4.3 WTO is covering a wider scope 管辖管辖内容广泛内容广泛nIn the GATT system,the accords and agreements are only involved in the trade of goods.nWTO system is covering the goods trade regulations of GATT as well as t

57、he rules of service trade,international regulations of intellectual property protection in trade,and international investment regulations in trade.The full set of international rules are relative to various fields including goods trade,service trade,intellectual property protection and investment me

58、asures etc.4.Primary Characteristics of WTO世界贸易组织的主要特点世界贸易组织的主要特点n4.4 WTO is with an unifying system 体制体制统一统一n The contracting parties under WTO system must sign and participate in the full set of agreements and accords under WTO except for Agreement on Trade in Civil Aircraft,Agreement on Governmen

59、t Procurement,International Dairy Agreement,International Bovine Meat Agreement.The balance between right and obligation are reached on the basis of all the accords,thus strengthening the unification and restriction of members right and obligation,in order to make sure of WTO being integrate,non-sel

60、ective and inseparable.4.Primary Characteristics of WTO世界贸易组织的主要特点世界贸易组织的主要特点n4.5 WTO is with a more perfect system to settle dispute 争端解决机制的完善争端解决机制的完善nThe Dispute Settlement Body(DSB)of WTO is in charge of the settlement of the disputes between the members.4.Primary Characteristics of WTO世界贸易组织的主要

61、特点世界贸易组织的主要特点5.Chinas History of Entering WTO中国加入中国加入WTO的历程的历程nChina is one of the 23 contracting parties of GATT of 1947,and Taiwan government quitted from GATT in name of Republic of China in March of 1950.nOn July 1986,China made application to GATT for resuming its status as a GATT contracting p

62、arty.nOn 1995,WTO is established and come in force and Chinas application for resuming status has come to be applying for the accession to WTO.nOn 10th Nov.2001,in the meeting of the 4th minister conference of WTO which was held in Doha of Qatar,WTO approved by consensus the agreement for Chinas entry into WTO.On 11th Nov.,2001,the representative of China government has signed the protocol on the accession of the Peoples Republic of China and submitted the WTO approval to WTO secretariat,30 days later,China became one of the WTO members.