International Economic Law


Legal Document: The Preamble of the Marrakesh Agreement Establishing the WTO


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International Trade Law

Legal Document:

The Preamble of the Marrakesh Agreement Establishing the WTO:

www.wto.org/english/docs_e/legal_e/04-wto_e.htm

WTO Members

  • Around 161 States
  • 1/3 Developed Member States
  • 2/3 Developing Member States (some of them “least developed” States)

There is no agreed definition of what is a “developed” or a

There is no agreed definition of what is a “developed” or a

“developing” Member in the WTO

Why is it important?

Because if recognized as a “Developing State”, it enjoys special rights

Legal Provisions

Legal Provisions

Under

URUGUAY ROUND AGREEMENT

Marrakesh Agreement Establishing

the World Trade Organization

Article II – Scope of WTO

  • “common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to this Agreement”
  • “Associated legal instruments” includes multilateral trade agreements under WTO, including GATT 1994

Article III – Functions of WTO

  • Implementation, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements
  • Forum for negotiations
  • Framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference.
  • Administer the Understanding on Rules and Procedures Governing the Settlement of Disputes
  • Administer the Trade Policy Review Mechanism
  • Cooperate, as appropriate, with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies

Article IV – Structure of WTO

  • Ministerial Conference – “shall meet at least once in two years”
  • General Council – composed of representatives of all Members

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