About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (September 25, 2020)

handle is hein.crs/govdbzm0001 and id is 1 raw text is: 




01;                            F ie sea.rch &


The World Trade Organization


The World Trade Organization (WTO) was established on
January 1, 1995, following the ratification of the Uruguay
Round Agreements, and today includes 164 members. It
succeeded the 1947 General Agreement on Tariffs and
Trade (GATT), created as part of the post-WWII effort to
build a stable, open international trading system. The WTO
has three basic functions: (1) administering existing
agreements; (2) serving as a negotiating forum for new
trade liberalization and rules; and (3) providing a
mechanism to settle disputes. The multiple WTO
agreements cover trade in goods, services, and agriculture;
remove tariff and nontariff barriers; and establish rules on
government practices that directly relate to trade for
example, trade remedies, technical barriers to trade (TBT),
intellectual property rights (IPR), and government
procurement (Table 1). The agreements are based on the
principles of nondiscrimination among countries most-
favored nation (MFN) treatment, national treatment, fair
competition, and transparency of trade rules and
regulations. Some exceptions, however, such as preferential
treatment for developing countries and regional and
bilateral trade agreements outside the WTO, are allowed.
The GATT/WTO system over time has led to a significant
reduction of trade barriers, supported trade expansion and
economic growth, and helped manage trade frictions. At the
same time, the WTO faces serious challenges, some long-
standing and some emerging more recently. One
fundamental concern is that the WTO could lose relevance
due to its inability to adapt to the modern global economy
by its failure to negotiate a successful round of major trade
liberalization since 1994. This and other concerns have led
several members to propose reforms to the institution in
attempts to safeguard and improve it. In 2020, members
also face selecting a new Director-General (DG) to usher
the trading system through these challenges, following DG
Roberto Azevdo's early resignation in August.
Congress has recognized the WTO as the foundation of the
global trading system within U.S. trade statutes and plays
a legislative and oversight role over WTO agreements.
Some Members have expressed support for WTO reform
efforts and U.S. leadership; while others have introduced
joint resolutions to withdraw congressional approval of
WTO agreements. As debates over the WTO's future
intensify, several issues may be of interest to Congress,
including WTO agreements' effects on the U.S. economy,
the outcomes of ongoing reform and negotiation efforts,
and the value of U.S. membership and leadership.


The Doha Development Agenda, the latest round of
multilateral trade negotiations, was launched in 2001 but
ended in stalemate, with no clear path forward. The WTO's
large and diverse membership and the single undertaking


                             Updated September 25, 2020



approach made consensus on the broad Doha mandate
difficult. The negotiations were characterized by persistent
differences among the United States, European Union (EU),
and developing countries on major issues, such as
agriculture, industrial tariffs and nontariff barriers, services,
and trade remedies. Developing countries sought the
reduction of agriculture tariffs and subsidies by developed
countries, nonreciprocal market access for manufacturing
sectors, and protection for services industries. In contrast,
developed countries sought reciprocal trade liberalization,
especially commercially meaningful access to advanced
developing countries' industrial and services sectors, while
retaining some protection for their own agricultural sectors.
Agriculture, where multilateral solutions arguably remain
ideal, remains among the thorniest issues on the agenda
leftover from Doha. In 2015, members agreed to limited
deals, including on phasing out export subsidies,
minimizing impacts of food aid on local markets, and
several measures for least developed countries.
The lasting legacy of Doha may be the successful
negotiation of the Trade Facilitation Agreement (TFA),
which entered into force in early 2017 and aims to remove
customs obstacles and inefficiencies at the border.
At the most recent WTO Ministerial Conference in 2017,
no major deliverables were announced, leaving the stakes
high for the next meeting. In 2020, members were forced to
postpone the 12th Ministerial (MC12) to 2021 due to the
Coronavirus Disease 2019 (COVID-19) pandemic. MC12
was widely anticipated as an action-forcing event for the
WTO. Members have committed to make significant
progress on ongoing talks, including on fisheries subsidies,
and advancing e-commerce and other areas.
Table I. GATTIWTO Rounds

Year Name       Subjects covered              Countries
1947- Geneva, 5 rounds of tariff reductions   23 (1947)
1961   Annecy,                                26 (1961)
       Torqua- y,
       Geneva
       11, Dillon
 1964- Kennedy Tariffs andt An-itiduimipin g mieasures  62
 1967
 1973- Tokyo   Tariffs, antidumiping, suibsidies, TBT  102
 1979          governmient procur-em-ent

 1986- Uru_1guay  Tariffs, nonta-,riff mieasuires, rules,  123
 1994          services, IPR, disputte settlement,
               textiles, agriclture, WTO institution
 2001- Doha,   Tariffs, nontariff mieasures, agricul1ture, 142 (2001);
 201 5         ser-vices, trade faicilitation, trade 164
               remedies, and developm~ent     (current)
Source: WTO.


         p\w -- , gn'a', goo
mppm qq\
a              , q
's              I
11LULANJILiN,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most