World Trade Organization (WTO) | Public International Law - CLAT PG PDF Download

Introduction

The World Trade Organization (WTO) was established on January 1, 1995, under the Marrakesh Agreement, succeeding the General Agreement on Tariffs and Trade (GATT). This transition marked a significant evolution in international economic legislation, following the Uruguay Round of GATT negotiations.

• The Uruguay Round aimed to liberalize international trade and shifted the focus from negotiation to a robust institutional framework, leading to the establishment of the WTO.
• Initially, the GATT 1947 and the WTO coexisted in 1994, but by January 1995, the WTO fully replaced the GATT. The membership of the WTO expanded from 77 in 1995 to 127 by the end of 1996.

Features of the WTO

• The agreements made under the WTO are permanent and binding for all member countries.
• The WTO dispute settlement system operates automatically, making it quicker and more binding than previous mechanisms, enhancing the organization's power.
• The WTO's approach is based on rules and timelines, covering trade in goods, services, and trade-related aspects of intellectual property rights.
• It aims to create a more focused international intellectual property rights regime through various agreements.

Structure of the WTO

The WTO is organized into several key components:
1. Ministerial Conference (MC)

• The MC is the highest governing body of the WTO, composed of representatives from all member countries, usually trade ministers.
• It makes final decisions on all important matters.

2. General Council (GC)

• The GC consists of representatives from all member countries and acts on behalf of the MC.
• It also serves as the Dispute Settlement Body and the Trade Policy Review Body.

3. Specialized Councils

• There are three councils under the GC:
• a. Council for Trade in Goods (CTG): Deals with trade in goods.
• b. Council for Trade in Services (CTS): Focuses on trade in services.
• c. Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS Council): Handles issues related to intellectual property rights.

4. Committees

• Three committees operate under the GC:
• a. Committee on Trade and Development (CTD): Addresses trade and development issues.
• b. Committee on Balance of Payments Restrictions (CBOPR): Deals with balance of payments restrictions.
• c. Committee on Budget, Finance and Administration (CFA): Handles budget and financial matters.

Major Functions of the WTO

• Establish a code of conduct to reduce trade barriers and eliminate discrimination in international trade.
• Provide an institutional framework for administering the code of conduct governing member countries' behavior in global trade.
• Facilitate the implementation and administration of the WTO Agreement and other Multilateral Trade Agreements.
• Ensure adherence to the substantive code.
• Act as a platform for negotiating further trade liberalization.
• Collaborate with the International Monetary Fund (IMF) and World Bank (WB) for coherence in trade policy-making.
• Resolve trade-related disputes.

Dispute Settlement Mechanism under WTO

• Dispute settlement is a crucial part of the multilateral trading system and enhances the stability of the global economy.
• A robust dispute settlement mechanism is essential for enforcing rules and maintaining the effectiveness of the rules-based system.
• The WTO procedure emphasizes the rule of law, making the trading system more secure and predictable.
• The process is based on clear rules and timetables for resolving disputes.

2. Process

• Disputes are initially referred to a panel for rulings, which are then endorsed or rejected by the entire WTO membership.
• Appeals can be made on legal grounds, but the primary aim is to resolve disputes, preferably through consultations.
• As of January 2008, a significant number of cases were resolved before reaching the full panel process, with many settled out of court or in prolonged consultations.

3. Principles

• WTO dispute resolution is based on principles of fairness, speed, effectiveness, and mutual agreement.
• Disputes often arise from perceived violations of trade rules, and members are encouraged to use the multilateral system rather than unilateral actions.
• Consultations between disputing countries are the preferred first step in resolving issues.

4. Historical Context

• A dispute resolution system existed under GATT but lacked fixed timelines and was often prolonged.
• The Uruguay Round introduced a more structured process with defined stages and timelines for dispute resolution.
• Timely resolution is emphasized for the effective functioning of the WTO.
• Rulings are now adopted automatically unless there is a consensus to reject them, addressing previous issues of blocking rulings under GATT.

5. Panel and Appellate Body

• The Dispute Settlement Body, composed of all WTO members, is responsible for establishing panels to consider cases.
• Pannels' findings are difficult to overturn, and their reports are usually adopted unless there is a consensus against them.
• Appeals are heard by the Appellate Body, which can uphold, modify, or reverse panel findings based on legal points.

6. Stages of Dispute Settlement

• Consultation (up to 60 days): Countries in dispute must try to resolve their differences through consultation. Mediation by the WTO director-general is also possible.
• Panel Stage (up to 45 days for appointment, plus 6 months for conclusion): If consultations fail, a panel is appointed to examine the case. The panel's findings are significant and difficult to overturn.
• Panel Working Procedures: Each side presents its case in writing, followed by hearings, rebuttals, and possible consultations with experts.
• Final Report and Adoption: The panel submits a final report, which becomes the Dispute Settlement Body's ruling unless rejected by consensus.

7. Appeals

• Either party can appeal a panel's ruling based on legal points. Appeals are heard by the Appellate Body, which is independent and not government-affiliated.
• Appeals are typically resolved within 60 to 90 days. The Dispute Settlement Body must accept or reject the appeals report within 30 days, with rejection possible only by consensus.