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1、3 世界貿(mào)易組織成員,3.1 世貿(mào)組織成員的來(lái)源、加入退出與互不適用 3.2 世貿(mào)組織中的發(fā)達(dá)國(guó)家成員 3.3 世貿(mào)組織中的發(fā)展中國(guó)家成員 3.4 發(fā)展中國(guó)家在世貿(mào)組織中的特殊與差別待遇,3.1 世貿(mào)組織成員的來(lái)源、加入退出與互不適用,Original Membership Acceding Membership,Developed member Developing member Least developed member,Original Membership,Acceding Membership,1. Any State or separate customs territory p

2、ossessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement, on terms to be agreed between it and the WTO. Such accession shall apply to this Agreement and the M

3、ultilateral Trade Agreements annexed thereto. 2. Decisions on accession shall be taken by the Ministerial Conference. The Ministerial Conference shall approve the agreement on the terms of accession by a two-thirds majority of the Members of the WTO. 3. Accession to a Plurilateral Trade Agreement sh

4、all be governed by the provisions of that Agreement.,一國(guó)四席,11 Dec 2001 China-143 1 Jan 2002 Chinese Taipei-144 1 Jan 1995 HongKong，China 1 Jan 1995 Macao, China,European Union or Communities?,Since 1 December 2009 “European Union” has been the official name in the WTO . Before that, “European Communi

5、ties”was the official name in WTO business for legal reasons, and that name continues to appear in older material. The EU is a WTO member in its own right as are each of its 27member states making 28WTO members altogether. The EU is a single customs union with a single trade policy and tariff. The E

6、uropean Commission the EUs executive arm speaks for all EU member States at almost all WTO meetings.,How to join the WTO: the accession process,First, “tell us about yourself”. Second, “work out with us individually what you have to offer”. Third, “l(fā)ets draft membership terms”. Finally, “the decisio

7、n”.,First, “tell us about yourself”,The government applying for membership has to describe all aspects of its trade and economic policies that have a bearing on WTO agreements. This is submitted to the WTO in a memorandum which is examined by the working party dealing with the countrys application.

8、These working parties are open to all WTO members.,Second, “work out with us individually what you have to offer”,When the working party has made sufficient progress on principles and policies, parallel bilateral talks begin between the prospective new member and individual countries. These talks co

9、ver tariff rates and specific market access commitments, and other policies in goods and services. In other words, the talks determine the benefits other WTO members can expect when the new member joins.,Third, “l(fā)ets draft membership terms”.,Once the working party has completed its examination of th

10、e applicants trade regime, and the parallel bilateral market access negotiations are complete, the working party finalizes the terms of accession. These appear in a report, a draft membership treaty (“protocol of accession”) and lists (“schedules”) of the member-to-bes commitments.,Finally, “the dec

11、ision”,The final package, consisting of the report, protocol and lists of commitments, is presented to the WTO General Council or the Ministerial Conference. If a two-thirds majority of WTO members vote in favour, the applicant is free to sign the protocol and to accede to the organization. In many

12、cases, the countrys own parliament or legislature has to ratify the agreement before membership is complete.,Case Study:the accession of China,Read page 306-311 to identify and list the key dates in the process of China s accession to know what are the legal documents on China s accession,1947 關(guān)貿(mào)總協(xié)定

13、的23個(gè)締約國(guó)之一 1950 臺(tái)灣當(dāng)局退出關(guān)貿(mào)總協(xié)定 1986.7.11 中國(guó)政府正式提出要求恢復(fù)中國(guó)的關(guān)貿(mào)總協(xié)定締約國(guó)地位 1987.3.4 設(shè)立關(guān)于恢復(fù)中國(guó)締約方地位的中國(guó)工作組 1992.10 中國(guó)工作組結(jié)束對(duì)中國(guó)經(jīng)貿(mào)體制的審議 1997.5 中國(guó)與匈牙利最先達(dá)成協(xié)議 1999.11.15 中美雙邊協(xié)議達(dá)成 2001.5.19 中歐雙邊協(xié)議達(dá)成 2001.9.13 中國(guó)與墨西哥達(dá)成協(xié)議，雙邊談判結(jié)束 2001.9.17 中國(guó)加入世貿(mào)組織法律文件(工作組報(bào)告書、加入議定書、減讓表)通過(guò)，多邊談判結(jié)束 2001.11.10 世貿(mào)組織第四屆部長(zhǎng)級(jí)會(huì)議一致通過(guò)中國(guó)加入世貿(mào)組織決議 2001

14、.12.11 中國(guó)正式成為世貿(mào)組織第143個(gè)成員國(guó),Membership,All members have joined the system as a result of negotiation and therefore membership means a balance of rights and obligations. They enjoy the privileges that other member countries give to them and the security that the trading rules provide. In return, they h

15、ad to make commitments to open their markets and to abide by the rules. Countries negotiating membership are WTO “observers”.,Withdrawal,1. Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon

16、 the expiration of six months from the date on which written notice of withdrawal is received by the Director-General of the WTO. 2. Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement.,Non-Application of Multilateral Trade Agreementsbetween Particula

17、r Members,3.2 世貿(mào)組織中的發(fā)達(dá)國(guó)家成員,The “Quadrilaterals“ or the “Quad”:,3.3 世貿(mào)組織中的發(fā)展中國(guó)家成員,Developing countries make up about three quarters of the total WTO membership. Together with countries currently in the process of “transition” to market-based economies, they play an increasingly important and active r

18、ole in the WTO because of their numbers, because they are becoming more important in the global economy, and because they increasingly look to trade as a vital tool in their development efforts.,How does the WTO deal with the special needs of an increasingly important group?,3.4 發(fā)展中國(guó)家在世貿(mào)組織中的特殊與差別待遇,

19、the WTO agreements contain special provisions on developing countries the Committee on Trade and Development is the main body focusing on work in this area in the WTO, with some others dealing with specific topics such as trade and debt, and technology transfer the WTO Secretariat provides technical

20、 assistance for developing countries.,Special Provisions,Special Provisions,Special Provisions,Special Provisions,Legal assistance,Least-developed countries: special focus,A office in Geneva: not easy for all,Only about one third of the 30 or so least-developed countries in the WTO have permanent of

21、fices in Geneva. As a result of the negotiations to locate the WTO headquarters in Geneva, the Swiss government has agreed to provide subsidized office space for delegations from least-developed countries. A number of WTO members also provide financial support for ministers and accompanying official

22、s from least-developed countries to help them attend WTO ministerial conferences.,Developed countries VS Developing countries,Developed and developing countries have tended to be in opposite groups. In many cases, the developing countries do not share common interests and may find themselves on opposite sides of a negotiation.,Different alliances in the WTO,The “G-6“ or the “the new Quad”:,The Cairns Group:,