World Trade Organization (WTO): general characteristics. WTO - world trade organization, Russia's accession to the WTO Which countries are included in the WTO

Exist various points vision of the multilateral trading system and the WTO as a forum where countries can resolve their differences on trade issues. Criticism of the WTO, however, is often based on misconceptions about how the organization works. The most common criticisms will be discussed below.

“The WTO dictates public policy to member governments”

This is not true. The WTO does not tell governments how to conduct their trade policies - the organization is run by its members. WTO agreements are adopted as a result of negotiations between the governments of member countries on the basis of consensus and are ratified by parliaments.

The coercive mechanism can only be used in the event that a member fails to fulfill its obligations, a trade dispute arises and is submitted to the WTO. Then the Dispute Settlement Body, which consists of all member countries, decides on it by approving the conclusions made by the dispute resolution panel or the outcome of the appeal. This decision is narrow and represents a judgment as to whether the government has violated any WTO agreement. If a defaulting member of the WTO does not intend to remedy the situation, it may face retaliation, which will be sanctioned by the WTO.

The Secretariat does not make decisions, but rather provides administrative and technical support to the WTO and its members.

Thus, the WTO does not dictate policy to its members; on the contrary, its participants shape the policy of the organization.

“Membership in the WTO leads to the loss of the sovereignty of the participants”

This is wrong. In reality, the WTO is no different from other international organizations that do not involve delegating any part of national sovereignty to supranational international bodies. This is what distinguishes it from integration-type organizations such as the European Union. In addition, the obligations of countries follow from other international agreements of an economic nature, and most of them contain certain restrictions for the signatory governments.

The terms of reference of the WTO are much narrower than the public opinion. So the WTO does not regulate property relations, macroeconomic, structural, antimonopoly policy, policy exchange rate, fiscal relations, investment regime (with the exception of investment in the services sector, as well as investment-related trade measures); it does not interfere in matters of defense and security.

The conditions of participation in any trade agreement, including the World Trade Organization, do not prevent the state from exercising its sovereign right to withdraw from the agreement when it deems it necessary.

“Participation in the WTO is a complete liberalization of market access and free trade at any cost”

This is not true. Despite the fact that one of the principles of the WTO system is that countries lower their trade barriers and ensure freer trade, how much these barriers should be lowered, the participating countries agree with each other. Their position in the negotiations depends on how ready they are for lowering barriers and what they want in return from other members. Thus, when joining the WTO, new members can retain required level tariff protection of the market for goods and services.

Subsequently, WTO members retain the ability to apply restrictive measures against imports, for example, in cases where such imports cause serious damage to national producers of goods or lead to violations normal state balance of payments. Special Provisions provided for developing countries. All such restrictions are imposed on the basis of well-defined rules established by the WTO.

Thus, despite the fact that free trade is one of the main goals of the WTO, ensuring fair trade based on the principles of non-discrimination and transparency is given no less importance.

“Prosecution of commercial interests in the WTO becomes a higher priority than development”

Free trade promotes economic growth and supports development. This fact underlies the WTO trading system.

At the same time, whether developing countries sufficiently benefit from the WTO system is a matter of ongoing debate.

The WTO agreements include many important provisions that take into account the interests of developing countries. Thus, they are given a longer period of time to make the changes necessary in accordance with the rules of the WTO. Least developed countries receive special treatment, including exemptions from many provisions of the agreements. The need to address development issues can also be used to justify activities that are normally prohibited by WTO agreements, such as government subsidies.

“Commercial interests in the WTO take precedence over protection environment

This is wrong; in many provisions, special attention is paid to the protection of the environment.

The preamble to the Marrakesh Agreement establishing the World Trade Organization includes, among other objectives, the optimal use of the world's resources, the promotion of development and the protection of the environment.

In so-called umbrella provisions, such as Article 20 of the General Agreement on Tariffs and Trade, countries are allowed to take action to protect human, animal or plant life and health; States also have the ability to conserve dwindling natural resources.

“Members of the WTO can, should and are already taking action to protect endangered species and other areas of environmental protection,” says the report on a decision taken in one of the disputes submitted to the WTO regarding the importation of shrimp and protection sea ​​turtles.

Particular attention is paid to the tasks of protecting the environment in the WTO agreements concerning product standards, safety food products, protection of intellectual property rights, etc. Subsidies are allowed to protect the environment.

It is important, however, that measures taken to protect the environment are not unfair and discriminatory. One cannot be lenient with one's own producers and at the same time be strict with foreign goods and services, just as one cannot discriminate against various trading partners. This point is stipulated in the provision on the regulation of disputes.

The rules of the WTO system can help countries allocate scarce resources more efficiently. For example, cuts in industrial and agricultural subsidies currently being negotiated would reduce wasteful overproduction and conserve natural resources.

Establishment international norms and rules for the protection of the environment - the task of specialized international agencies and conventions, rather than directly from the World Trade Organization. However, until now, WTO documents and international agreements on environmental protection have not come into conflict with each other, on the contrary, there are partial coincidences in them (for example, in agreements on import restrictions, etc.)

“Commercial interests take precedence over human health and safety issues”

This is wrong. Key provisions in the WTO agreements, such as Article 20 of the GATT, allow governments to take action to protect human, animal or plant life and health. A number of agreements cover the issues of standards for food products, quality and safety of food and other products of animal and plant origin. Their purpose is to protect the rights of governments to ensure the safety of their citizens.

But these actions are regulated in a certain way to prevent the use of safety rules and regulations as an excuse for protecting domestic producers and discriminating against foreign goods and services, “disguised” protectionism. To this end, the measures applied should be based on scientific facts or standards recognized around the world, such as the Codex Alimentarius, which sets the recommended level of food safety standards within the Food and Agriculture Organization of the United Nations (FAO) and the World Health Organization (WHO).

Governments, however, may set their own standards, provided they are consistent with international requirements and are not arbitrary or discriminatory.

“The WTO puts people out of work and widens the gap between rich and poor”

This accusation is inaccurate; it oversimplifies the facts. By promoting economic growth, trade is a powerful lever for job creation and poverty reduction. However, almost always the situation is complicated by the fact that a certain period of adaptation is necessary to deal with the problems of job losses. Protectionism as an alternative is not a solution.

The greatest employment gain from free trade is for a country that lowers its own trade barriers. Countries that export to this country also benefit, especially industries that work for export, in which the situation is more stable and wages are higher.

As trade barriers are lowered, previously protected producers face more competition, and their ability to adapt to new conditions becomes vital. Countries with stronger accommodative policies are adjusting better than those that are missing out on new trade and economic opportunities.

The problem of adaptation of producers to existence in the conditions of free trade is solved in the WTO in several ways.

For example, liberalization under the WTO is negotiated, and when countries feel that certain changes to existing safeguards are unacceptable, they may continue to resist demands for the opening of relevant sectors of their markets.

In addition, the liberalization of markets, in accordance with the agreements already reached, is being carried out gradually, which gives countries time for the necessary adaptation. The agreements also allow countries to take restrictive measures against imports that cause particular harm to the domestic economy, but to do so according to strictly defined rules.

Protectionism as an alternative to trade to preserve jobs is ineffective because it raises production costs and encourages low productivity. Thus, according to OECD calculations, the levy of a 30% duty on imports from developing countries would actually reduce the wages of unskilled workers in the importing country by 1% and the wages of skilled workers by 5%, that is, the application of protectionist measures lowers the level of wages in country.

In addition, there are many factors unrelated to the activities of the WTO that affect changes in wage levels. Thus, the fact that in developed countries the gap between the wages of skilled and unskilled workers is widening cannot be explained by trade liberalization. Much of the change in wages in developed countries is explained by skill-related technological changes, while imports from low-wage countries account for only 10-20% of these changes, according to the OECD.

In addition, the analysis of exclusively imported goods distorts the picture. In developed countries, 70% of economic activity is in services, where foreign competition affects jobs in a different way: if, for example, a telecommunications company opens a business in a country, it in most cases hires local staff.

Finally, while the standard of living of 1.5 billion people is still extremely low, trade liberalization since World War II has helped lift about 3 billion people out of poverty.

“Small countries in the WTO are powerless”

This is not true. In the WTO trading system, everyone adheres to the same rules, which expands the bargaining power of small countries. Thus, under the dispute resolution procedure, developing countries have successfully challenged the actions taken by industrialized countries at the WTO. Outside of this system, these countries would be powerless in their actions against more powerful trading partners.

Both developing and developed countries must make concessions during negotiations. Thus, the Uruguay Round (1986-94) became possible only because industrialized countries agreed to reform trade in textiles and Agriculture, and both of these industries were vital to developing countries.

“The WTO is a powerful lobbying tool”

This is not true. This view is associated with a misconception about membership in the World Trade Organization. Business, non-governmental organizations and other lobbying groups do not participate in the work of the WTO, except for special events such as seminars and symposiums, and can influence WTO decisions only through their governments.

Conversely, a government can use WTO membership to resist the lobbying of narrow interests by particular groups. During negotiations, it is easier for him to resist the pressure of lobbyists, citing arguments indicating that there is a need to adopt a common package of measures in the interests of the country as a whole.

“Weaker countries have no choice, they are forced to join the WTO”

This is wrong. To be or not to be in the WTO is a voluntary choice of any country, and therefore, at the moment, negotiations are being conducted by both large and small states. The reasons why more and more countries want to join this system are more positive than negative; they are embedded in the key principles of the WTO, such as non-discrimination and transparency. By joining the WTO, even a small country automatically enjoys all the guaranteed benefits of membership.

An alternative to accession would be to negotiate bilateral agreements with each trading partner, but this would require governments more funds, which is a major problem for smaller countries. In addition, their negotiating power in bilateral negotiations is weaker than they might be in the WTO, where small countries form alliances with other states with which they have common interests.

By joining the WTO, the country assumes obligations, without requiring reciprocity, to reduce customs tariffs, thereby contributing to the process of trade liberalization. The form of these commitments is a list of tariff concessions, consisting of duty rates that a Member State undertakes not to exceed. This requirement is the same for all new members, and when joining countries also agree to its implementation voluntarily.

“The WTO is an undemocratic organization”

This is not true. Decisions in the WTO are usually taken by consensus, which is even more democratic than decisions by majority vote. The adopted agreements are ratified in the parliaments of the participating countries.

While not every country has the same bargaining power, the consensus rule means that each member of the organization has a voice and a decision is made only when there are no dissenters.

Thus, the WTO mechanism provides equal opportunity for the governments of all participating countries.

World trade Organization(WTO) is an international body exercising supervisory functions in the field of world trade. The organization, which is the successor to the General Agreement on Tariffs and Trade (GATT), which has been in force since 1947, began its activities on January 1, 1995.

The main goal of the WTO is the liberalization of world trade and the provision of fair conditions for competition.

The headquarters of the WTO is located in Geneva, Switzerland.

Head of the WTO (Director General) - Roberto Carvalho de Azevedo.

What are the functions of the WTO?

The most important functions of the WTO are:

  • control over the implementation of agreements and agreements of the package of documents of the Uruguay Round;
  • conducting multilateral trade negotiations between interested member countries;
  • resolution of trade disputes;
  • monitoring the national trade policy of member countries;
  • cooperation with international specialized organizations.

What are the benefits of WTO membership?

Key benefits of WTO membership:
  • obtaining more favorable conditions for access to world markets for goods and services;
  • access to the WTO dispute settlement mechanism, which ensures the protection of national interests in case they are infringed by partners.

How can one become a member of the WTO?

The WTO accession procedure consists of several stages. This process takes an average of 5-7 years.

At the first stage, within the framework of special working groups, a detailed examination of the economic mechanism and the trade and political regime of the acceding country is carried out for their compliance with the norms and rules of the WTO.

After that, consultations and negotiations begin on the conditions for the applicant country's membership in this organization. These consultations, as a rule, are held at the bilateral level with all interested member countries of the working group. During the negotiations, their participants discuss the concessions that the acceding country will be ready to make in order to provide WTO members with access to its markets. In turn, the acceding country, as a rule, receives the rights that all other WTO members have.

When did Russia become a WTO member?

Negotiations on Russia's accession to the WTO lasted 18 years. Since August 22, 2012, she has become a full member of the organization of the Russian Federation. The most difficult were the negotiations with the US and the European Union. In particular, with Washington for a long time it was not possible to resolve issues of access to Russian market American pork and on the protection of intellectual property rights, with the EU - on export duties on timber, on agriculture, on the conditions of industrial assembly of cars on the territory of the Russian Federation.

The WTO has been operating since January 1, 1995, the decision to establish it was made at the end of many years of negotiations within the framework of the Uruguay Round of GATT, which ended in December 1993. The WTO was officially formed at a conference in Marrakesh in April 1994, therefore the Agreement Establishing the WTO is also called the Marrakesh Agreement.

While the GATT dealt only with trade in goods, the scope of the WTO is wider: in addition to trade in goods, it also regulates trade in services and trade aspects of intellectual property rights. The WTO has the legal status of a specialized agency of the UN system.

Initially, 77 states joined the WTO, but by the middle of 2003, 146 countries - developed, developing and post-socialist - were its members. The "variegated" composition of the WTO member states is reflected in the emblem of this organization itself.

Some ex-Soviet countries also joined the WTO: Lithuania, Latvia, Estonia, Armenia, Georgia, Moldova, Kyrgyzstan. An important event was the accession to the WTO in December 2001 of China, which is considered one of the most promising participants in world trade. The WTO member countries account for approximately 95% of world trade - in fact, almost the entire world market without Russia. A number of countries have officially expressed their desire to join this organization and have the status of observer states. In 2003 there were 29 such countries, including the Russian Federation and some other post-Soviet states (Ukraine, Belarus, Azerbaijan, Kazakhstan and Uzbekistan).

Tasks of the WTO.

The main task of the WTO is to promote unhindered international trade. The developed countries, on whose initiative the WTO was created, believe that it is economic freedom in international trade that contributes to economic growth and an increase in the economic well-being of people.

It is currently believed that the world trading system should comply with the following five principles.

1). No discrimination in trade.

No state should infringe on any other country by imposing restrictions on the export and import of goods. Ideally, in the domestic market of any country there should be no difference in terms of sale between foreign products and domestic products.

2). Lower trade (protectionist) barriers.

Trade barriers are called factors that reduce the possibility of penetration of foreign goods into the domestic market of any country. These include, first of all, customs duties and import quotas (quantitative restrictions on imports). International trade is also affected by administrative barriers and exchange rate policies.

3). Stability and predictability of the terms of trade.

Foreign companies, investors and governments need to be sure that trade conditions (tariff and non-tariff barriers) will not be changed suddenly and arbitrarily.

4). Stimulation of competitiveness in international trade.

For equal competition of firms different countries it is necessary to stop "unfair" methods of competition - such as export subsidies (state assistance to exporting firms), the use of dumping (deliberately low) prices to capture new markets.

5). Benefits in international trade for less developed countries.

This principle partly contradicts the previous ones, but it is necessary to draw into the world economy the underdeveloped countries of the periphery, which obviously cannot at first compete with the developed countries on an equal footing. Therefore, it is considered "fair" to grant special privileges to underdeveloped countries.

In general, the WTO promotes the ideas of free trade (free trade), fighting for the removal of protectionist barriers.

Practical principles of the WTO.

The activities of the WTO are based on three international agreements signed by the majority of states actively participating in world economic relations: the General Agreement on Trade in Goods (GATT) as amended in 1994, the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) . The main purpose of these agreements is to provide assistance to firms of all countries involved in export-import operations.

Implementation of WTO agreements, as a rule, brings not only long-term benefits, but also short-term difficulties. For example, lowering protectionist customs tariffs makes it easier for buyers to purchase cheaper foreign goods, but can bankrupt domestic producers if they produce high-cost goods. Therefore, according to the rules of the WTO, member states are allowed to carry out the envisaged changes not instantly, but in stages, according to the principle of "progressive liberalization". At the same time, developing states usually have a longer period for the full implementation of their obligations.

Commitment to comply with free trade rules , assumed by all members of the WTO constitute the "multilateral trading" system. Most of the world's states, including all major importing and exporting countries, are members of this system. However, a number of states are not included in it, therefore the system is called "multilateral" (and not "worldwide"). In the long term, as the number of WTO members increases, the "multilateral trading" system should turn into a truly "world trade".

The main functions of the WTO:

– control over the fulfillment of the requirements of the basic WTO agreements;

– creating conditions for negotiations between WTO member countries on foreign economic relations;

– Settlement of disputes between states on issues of foreign economic trade policy;

– control over the policy of the WTO member states in the field of international trade;

- assistance to developing countries;

– cooperation with other international organizations.

Since the texts of agreements are drawn up and signed by a large number of countries participating in foreign trade relations, they often cause debate and controversy. Often, the parties entering into negotiations pursue a variety of goals. In addition, agreements and contracts (including those concluded after lengthy WTO-brokered negotiations) often require further interpretation. Therefore, one of the main tasks of the WTO is precisely to serve as a kind of mediator in trade negotiations, to promote the settlement of disputes.

The practice of international economic conflicts has shown that controversial issues are best resolved in the manner established by the WTO, based on a mutually agreed legal framework and providing equal rights and opportunities to the parties. It is for this purpose that the texts of agreements signed within the framework of the WTO must include a clause on the rules for settling disputes. According to the text of the agreement on dispute settlement rules and procedures, “the WTO dispute settlement system is a key element in ensuring the security and predictability of the global trading system.”

WTO Members undertake not to take unilateral action against potential trade violations. Moreover, they undertake to resolve disputes within the framework of the multilateral dispute settlement system and abide by its rules and decisions. Decisions on controversial issues are taken by all member states, usually by consensus, which is an additional incentive to strengthen agreement in the ranks of the WTO.

Organizational structure of the WTO.

WTO governing bodies have three hierarchical levels (Fig. 1).

Strategic decisions at the highest level in the WTO are made by the Ministerial Conference, which meets at least once every two years.

Subordinate to the Ministerial Conference is General Council, which is responsible for the execution of day-to-day work and meets several times a year at its headquarters in Geneva, consisting of representatives of WTO member countries (usually ambassadors and heads of delegations of member countries). The General Council has two special bodies - for the analysis of trade policy and for the resolution of disputes. In addition, special committees are accountable to the General Council: on trade and development; on trade balance restrictions; budget, finance and administration.

The WTO General Council acts as a dispute resolution body to resolve conflicts arising from the implementation of the underlying agreements. It has the exclusive authority to set up panels to deal with specific disputes, to approve the reports submitted by such panels as well as the appellate body, to monitor the implementation of decisions and recommendations, and to authorize retaliatory action in the event of non-compliance with the recommendations.

The General Council partially delegates its functions to the three councils at the next level of the WTO hierarchy - the Council for Trade in Goods, the Council for Trade in Services and the Council for Trade-Related Aspects of Intellectual Property Rights.

The Council for Trade in Goods, in turn, manages the activities of specialized committees that monitor compliance with the principles of the WTO and the implementation of the GATT-1994 agreements in the field of trade in goods.

The Council for Trade in Services oversees the implementation of the GATS agreement. It includes the Financial Services Trading Committee and the Professional Services Working Group.

The Council on Trade-Related Aspects of Intellectual Property Rights, in addition to monitoring the implementation of the TRIPS Agreement, also deals with issues related to the international trade in counterfeit goods.

The WTO Secretariat, which is based in Geneva, has about 500 full-time employees; it is headed by the Director General of the WTO (since 2002 - Supachai Panitchpakdi). The WTO Secretariat, unlike similar bodies of other international organizations, does not make independent decisions, since this function is assigned to the member countries themselves. The main responsibilities of the Secretariat are to provide technical support to the various councils and committees of the WTO, as well as the Ministerial Conference, provide technical assistance to developing countries, analyze world trade, and explain WTO provisions to the public and the media. The Secretariat also provides some form of legal assistance in the dispute resolution process and advises governments of countries wishing to become members of the WTO.

Contradictions between WTO member countries.

Although the WTO Charter declares the equality of all member countries, within this organization there are strong objective contradictions between developed and developing countries.

Developing countries have cheap but not very skilled labor force. Therefore, the states of the "third world" can mainly import traditional goods - primarily textiles and clothing, agricultural products. Developed countries, protecting their textile and agribusiness industries, restrict imports from developing countries by imposing high customs duties on imported goods. They usually justify their protectionist measures by saying that developing countries are using dumping policies. In turn, developed countries lead the markets for high-tech goods, and now developing countries use protectionist measures against them.

Thus, almost all countries resort to protectionist protection to one degree or another. Therefore, the mutual reduction of protectionist barriers becomes a rather difficult process.

The liberalization of world trade is also hampered by the fact that developed and developing countries differ greatly in economic strength. Therefore, the countries of the "poor South" constantly (and not without reason) suspect the countries of the "rich North" that they want to impose on them a system of world economic relations that is more beneficial to developed than to developing countries. In turn, developed countries rightly point out that many states openly speculate on their underdevelopment, seeking instead of economic modernization to beg for concessions and benefits in international trade relations.

The asymmetry of relations between developed and developing countries is most clearly seen in the issue of the protection of intellectual property rights. It's about, first of all, about the fight against counterfeiting - mainly in the countries of the "third world" - trademarks of well-known companies in developed countries. Naturally, the countries of the “rich North” are much more interested in this struggle than the states of the “poor South”.

The liberalization of world trade is still objectively beneficial for both developed and developing countries. It is known, for example, that the accession of developing countries to the WTO sharply increases the inflow of foreign investment into them. Therefore, WTO member countries seek and find compromise solutions to difficult problems.

The strategy for the development of the WTO was the gradual attraction of more and more new countries to it, but at the same time, the less developed the country's economy is, the longer the period given to it for the full implementation of the principles of free trade.

Benefits for new member countries are clearly visible, primarily in the level of tariffs on imported goods. If we compare the average level of tariffs of the WTO member countries (Table 1) with the conditions under which some countries entered the WTO (Table 2), then the privileged position of new members is noticeable. They are often allowed to apply higher import tariffs than the WTO average; besides, they introduce these tariffs after a multi-year transitional period. Thus, new members of the WTO can immediately benefit from lower duties on exporting their goods abroad, and the difficulties from reducing protectionist protection are mitigated.

Table 2. IMPORT TARIFF REQUIREMENTS FOR SOME WTO ACCESSION COUNTRIES
A country Year of WTO accession Tariffs on agricultural goods Tariffs for other goods
Ecuador 1996 25.8%, transition period 5 years, application of special protective measures for some goods 20,1%
Panama 1997 26.1%, transition period up to 14 years, application of special protective measures for some goods 11.5%, transition period up to 14 years
Latvia 1999 33.6%; transition period 9 years 9.3%, transition period 9 years
Estonia 1999 17.7%, transition period 5 years 6.6%, transition period 6 years
Jordan 2000 25%, transition period 10 years
Oman 2000 30.5%, transition period 4 years 11%, transition period 4 years
Lithuania 2001 mostly 15 to 35% (maximum 50%), transitional period 8 years mostly 10 to 20% (maximum 30%), transitional period 4 years
Compiled according to the website of Russia and the WTO: www.wto.ru

Fighting against restrictions imposed in developed countries on imports from the "third world", developing countries resort to WTO arbitration and achieve the abolition of "anti-dumping" measures. So, in the first years of the 21st century. India has applied to the WTO to protest against the US and EU, which imposed restrictions on the import of fabrics and clothing made in India; after lengthy proceedings, the WTO ordered the defendants to cancel the protectionist measures. However, conflicts of this kind often arise not only between developed and developing countries, but also between different developing countries. For example, in the second half of 2001, India initiated 51 anti-dumping proceedings at the WTO, of which 9 against China, 7 against Singapore, and 3 against Thailand.

Russia and WTO.

Since the Russian economy is becoming more and more integrated into world trade, there is a need for our country to get involved in the work of international economic organizations. Even in the years of the existence of the USSR, contacts were established with the GATT. Since 1995, negotiations have been underway on Russia's accession to the WTO.

By joining the WTO, Russia will be able to use this entire mechanism to protect its foreign trade interests. The need for it for Russian entrepreneurs grew when, in response to a serious increase in the openness of its domestic market, Russia did not see reciprocal steps. Western countries. Instead, it has, on the contrary, faced trade barriers precisely in those goods where Russia has a comparative advantage in international trade, and unfair competition from a number of foreign firms in foreign markets, as well as in Russia's domestic market.

Russia's accession to the WTO can contribute to strengthening the stability, predictability and openness of the country's foreign trade regime, the shortcomings of which are complained not only by the foreign trade partners of the Russian Federation, but also by exporters and importers in Russia itself.

By joining the WTO, Russia will have to take on a number of obligations contained in the WTO agreements. Together with the obligations, Russia will also receive rights that will allow it to better protect its foreign trade interests and accelerate its integration into the world economy.

The main prerequisite for successfully overcoming the difficulties in the field of transforming legislation and using its advantages within the framework of the WTO is the effective continuation of the process of improving legislation within the framework of liberal economic reforms, because this process almost completely coincides with the adaptation of legislation to the norms and rules of the WTO. First of all, we are talking about eliminating excessive administrative pressure on enterprises and increasing the degree of transparency of all legislation.

The following benefits are expected from the liberalization and unification of the Russian system of state regulation:

- simplification and rationalization of procedures for confirming the compliance of manufactured products with international standards, and hence - the acceleration of the turnover of funds;

- increasing the competitiveness of products of Russian firms due to a more flexible system of technical requirements and harmonization of national and international requirements;

– increasing the investment attractiveness of the Russian economy;

– cost reduction and elimination of duplication in oversight and compliance monitoring;

– reducing the number of documents and increasing the transparency of the regulatory system.

But the liberalization of foreign economic relations will inevitably lead to significant negative consequences. This process will affect all spheres of the country's life - political, social, industrial, financial and economic.

In the realm of politics, accepting the obligations imposed by agreements with WTO member countries will lead to an inevitable weakening of national sovereignty. The restrictions will affect all branches of government - the executive (it will constantly be required to fulfill international obligations, even to the detriment of national interests), the legislative (it will have to be brought regulations in accordance with the requirements of the WTO), judicial (legal disputes for possible violations will be considered in international courts).

In area social relations Accession to the WTO is also fraught with negative consequences: many enterprises, and possibly entire industries, will not be able to compete with the influx of foreign goods and services. It is not yet clear what the scale of job cuts could be, but it is likely that we will be talking about hundreds of thousands of unemployed (primarily in the light and food industries). This will require large expenditures for social support, retraining, creation of new jobs, etc. This requires huge funds, which, however, can be partially obtained from partners in the WTO.

Since Russian manufacturers will have to compete with foreign producers both in the foreign and domestic markets for all product groups in very tough conditions, the crisis in the economic sphere itself can develop in two main directions.

On the one hand, foreign firms will certainly be presented - moreover, quite legal grounds– claims about dumping allegedly used by Russian exporters. The fact is that the cost structure of our competitive goods is very different from the world one (primarily due to savings on wages, energy and ecology). Therefore, Russia will be required, for example, to raise domestic energy prices, bringing them in line with world prices.

On the other hand, competition with cheaper and higher-quality goods from foreign firms will sharply increase in the domestic market. According to some expert opinion, only 25% of domestic enterprises will be able to compete in the domestic market with foreign manufacturers. When Russia enters the WTO, the following sectors will suffer: agriculture, light industry, agricultural engineering and the automotive industry, in particular the production of trucks. For the rest, lowering customs barriers is unprofitable, since it can lead to ruin. Therefore, as a condition for joining the WTO, Russia insists on maintaining high customs duties to protect the domestic market from subsidized products from Europe, Asia and other countries.

In this regard, so-called adaptation measures are envisaged, in particular, it is planned to adopt a law on extending the exemption of agricultural enterprises from income tax until 2016 and minimizing VAT.

Since the immediate and complete fulfillment of the conditions for joining the WTO seems impossible for Russia, there have been sharp disputes in our country about the advisability of this entry.

In June 2012, deputies from opposition parties submitted a request to the Constitutional Court to check for compliance with the Basic Law of the Russian Federation an international treaty on Russia's accession to the WTO. On July 9, 2012, the Constitutional Court recognized that the agreements with the WTO are legal.

The Russian economy will inevitably suffer major losses after joining the WTO.

Dmitry Preobrazhensky, Yuri Latov

Literature:

Afontsev S . Accession to the WTO: economic and political perspectives.– Pro et contra. T. 7., 2002
Gorban M., Guriev S., Yudaeva K. Russia in the WTO: myths and reality. - Issues of economics. 2002, No. 2
Maksimova M. Accession to the WTO: win or lose?- Man and work. 2002, No. 4
Dumoulin I.I. world Trade organisation. M., CJSC Publishing house "Economics", 2002, 2003
Internet resources: WTO website (Official WTO website) – http://www.wto.org/
Russia and the World Trade Organization (Russian WTO website) – http://www.wto.ru/
World Trade Organization: The Future successful trading starts today – http://www.aris.ru/VTO/VTO_BOOK



The World Trade Organization (WTO; English World Trade Organization (WTO), French Organization mondiale du commerce (OMC), Spanish Organización Mundial del Comercio) is an international organization established on January 1, 1995 with the aim of liberalizing international trade and regulating trade -political relations of member states. The WTO was formed on the basis of the General Agreement on Tariffs and Trade (GATT), concluded in 1947 and for almost 50 years actually performed the functions of an international organization, but was, nevertheless, not an international organization in the legal sense.

The WTO is responsible for introducing new details, and also monitors compliance by the members of the organization with all agreements signed by most countries of the world and ratified by their parliaments. The WTO builds its activities on the basis of decisions taken in 1986-1994. under the Uruguay Round and earlier GATT arrangements.

Discussing problems and making decisions on global issues liberalization and prospects for further development of world trade are held within the framework of multilateral trade negotiations (rounds). To date, 8 rounds of such negotiations have been held, including the Uruguay one, and in 2001 the ninth one started in Doha, Qatar. The Organization is trying to complete negotiations on the Doha Round, which was launched with a clear focus on meeting the needs of developing countries.

The World Trade Organization (WTO), established in 1995, has replaced the General Agreement on Tariffs and Trade (GATT) as the sole international body dealing with the global rules of trade between nations. It is not a specialized agency, but it has mechanisms and practices for cooperation with the United Nations.

The tasks of the WTO are to help streamline the process of trade within a system based on certain rules; objective settlement of trade disputes between governments; organization of trade negotiations. These activities are based on 60 WTO agreements - the main legal regulations policy of international commerce and trade.

The principles on which these agreements are based include non-discrimination (most favored nation and national treatment provisions), more free terms trade, promotion of competition and additional provisions for least developed countries. One of the goals of the WTO is to combat protectionism. The task of the WTO is not proclaimed to achieve any goals or results, but to establish the general principles of international trade.

According to the declaration, the work of the WTO, like the GATT before it, is based on basic principles, including:


Equal rights. All WTO members are required to grant most favored nation trade (MFN) treatment to all other members. The MFN principle means that preferences granted to one of the WTO members automatically apply to all other members of the organization in any case.

Reciprocity. All concessions in easing bilateral trade restrictions should be mutual, eliminating the free rider problem.

Transparency. WTO members must publish their trade rules in full and have bodies responsible for providing information to other WTO members.

Creating Operating Commitments. Obligations for trade tariffs countries are governed mainly by the WTO bodies, and not by the relationship between countries. And in the event of a deterioration in the terms of trade in any country in a particular sector, the disadvantaged party can demand compensation in other sectors.

Safety valves. In some cases, the government is able to impose trade restrictions. The WTO Agreement allows members to take action not only to protect the environment, but also to support public health, animal and plant health.

There are three types of activities in this direction:

Articles allowing trade measures to be used to achieve non-economic goals;

Articles aimed at ensuring "fair competition";. Members shall not use environmental measures as a means of disguising protectionist policies;

Provisions allowing intervention in trade for economic reasons.

Exceptions to the MFN principle also include developing and least developed countries that have preferential treatment in the WTO, regional free trade areas and customs unions.

The World Trade Organization (WTO) was created as a result of many years of negotiations within the framework of the Uruguay Round, which ended in December 1993.

The WTO was formally formed at the Marrakech Conference in April 1994 by the Agreement Establishing the WTO, also known as the Marrakesh Agreement.

In addition to the main text, the document contains 4 appendices:

Appendix 1A:

Multilateral agreements on trade in goods:

The General Agreement on Tariffs and Trade of 1994, which defines the basis for the regime of trade in goods, the rights and obligations of WTO members in this area.

The General Agreement on Tariffs and Trade of 1947, which defines the basis for the regime of trade in goods, the rights and obligations of WTO members in this area.

The Agreement on Agriculture, which defines the features of the regulation of trade in agricultural products and the mechanisms for applying measures of state support for production and trade in this sector.

Agreement on Textiles and Clothing, which defines the specifics of the regulation of trade in textiles and clothing.

Agreement on the Application of Sanitary and Phytosanitary Norms, which defines the conditions for the application of sanitary and phytosanitary control measures.

Agreement on Technical Barriers to Trade, which defines the conditions for the application of standards, technical regulations, certification procedures.

Agreement on Trade Related Investment Measures, which prohibits the use of a limited range of trade policy measures that may affect foreign investment and be qualified as contrary to GATT Article III (National Treatment) and Article XI (Prohibition of Quantitative Restrictions).

Agreement on the Application of Article VII of GATT 1994 (Customs Valuation of Goods), which defines the rules for assessing the customs value of goods.

A pre-shipment inspection agreement that defines the conditions for conducting pre-shipment inspections.

Rules of Origin Agreement, which defines rules of origin as a set of laws, regulations and rules for determining the country of origin of goods.

Agreement on Import Licensing Procedures, which establishes procedures and forms for import licensing.

Agreement on Subsidies and Countervailing Measures, which defines the conditions and procedures for the application of subsidies and measures aimed at combating subsidies.

Agreement on the application of Article VI of GATT 1994 (anti-dumping), which defines the conditions and procedures for the application of measures to counter dumping.

The safeguards agreement, which defines the conditions and procedures for the application of measures to counter growing imports.

Appendix 1B:

The General Agreement on Trade in Services, which defines the basis of the regime for trade in services, the rights and obligations of WTO members in this area.

Application 1C:

Agreement on Trade-Related Aspects of Intellectual Property Rights, which defines the rights and obligations of WTO members in the field of intellectual property protection.

Application 2:

Understanding regarding the rules and procedures for settling disputes, which establishes the conditions and procedures for settling disputes between members of the WTO in connection with their fulfillment of obligations under all WTO agreements.

Appendix 3:

Trade Policy Review Mechanism, which defines the conditions and Common parameters trade policy reviews of WTO members.

Application 4:

Non-binding multilateral trade agreements for all WTO members:

Agreement on trade in civil aircraft, which defines the obligations of the parties to liberalize trade in this sector.

Agreement on Government Procurement, which establishes procedures for the admission of foreign companies to national public procurement systems.

The headquarters of the WTO is located in Geneva, Switzerland.

Organizational structure of the WTO.

The official supreme body of the organization is the Ministerial Conference of the WTO, which meets at least once every two years. During the existence of the WTO, eight such conferences were held, almost each of which was accompanied by active protests from the opponents of globalization.

The Ministerial Conference is the highest body of the WTO, consisting of representatives of member states. Meetings of the Ministerial Conference are held in accordance with Article 4 of the "Marrakesh Agreement Establishing the World Trade Organization" dated April 15, 1994, once every two years or more often.

To date, 9 conferences have been held:

1. First conference - Singapore (December 1996). 4 working groups were created - on the transparency of the state. procurement; promotion of trade (customs issues), trade and investment; trade and competition. These groups are also known as Singapore issues;

2. Second conference - Geneva (May 1998);

3. Third conference - Seattle (November 1999). A week before the start of the conference, there was no agreement on the list of issues to be discussed, and the growing disagreements between developed and developing countries (agriculture) were also evident. The conference was supposed to be the start of a new round of negotiations, but plans were thwarted by poor organization and street protests. Negotiations broke down and moved to Doha (2001);

4. Fourth Conference - Doha (November 2001). China's accession to the WTO was approved;

5. Fifth conference - Cancun (September 2003). 20 developing countries, led by China, India and Brazil, opposed the demand of developed countries to accept "Singapore issues" and urged them to stop subsidizing national agricultural producers (primarily in the EU and the USA). Negotiations did not lead to success;

6. Sixth Conference - Hong Kong (December 2005). The conference was marked by numerous protests by South Korean farmers. The conference was supposed to complete the Doha round on agricultural subsidies by 2006 Conference agenda: Further reduction of customs duties; Demand to stop direct subsidizing of agriculture; Separate requirement for the EU regarding the ESHP; Singapore issues - a requirement for developed countries to introduce more transparent legislation in the field of investment, competition, government. procurement and trade facilitation;

7. Seventh Conference - Geneva (November 2009). At this conference, ministers took a retrospective review of the work done by the WTO. According to the schedule, the conference did not negotiate the Doha Round of negotiations;

8. Eighth Conference - Geneva (December 2011). In parallel to the plenary session, three working sessions were held on "The Importance of the Multilateral Trading System and the WTO", "Trade and Development" and "The Doha Development Agenda". The conference approved the accession of Russia, Samoa and Montenegro;

9. Ninth conference - Bali (December 2013). Yemen's accession approved.

The organization is headed by the General Director with a corresponding secretariat subordinate to him. Subordinate to the Council is a special commission on trade policy of the participating countries, designed to monitor their compliance with their obligations under the WTO. In addition to general executive functions, the General Council manages several other commissions created on the basis of agreements concluded under the WTO.

The most important of these are: the Council on Commodity Trade (so-called GATT Council), the Council on Trade in Services and the Council on Trade-Related Aspects of Intellectual Property Rights. In addition, there are many other committees and working groups subordinate to the General Council, designed to supply higher authorities WTO information on developing countries, fiscal policy, fiscal issues, etc.

In accordance with the adopted “Agreement on Rules and Procedures Governing the Settlement of Disputes” arising between WTO member states, disputes are settled by the Dispute Settlement Body (DSB). This quasi-judicial institution is designed to impartially and effectively resolve conflicts between the parties. De facto, its functions are performed by the WTO General Council, which makes decisions on the basis of reports of arbitration panels dealing with a particular dispute. Over the years since the founding of the WTO, the DSB has been forced many times to resolve complex, often quite politicized trade problems between influential WTO member states. Many decisions of the DSB over the past years are perceived ambiguously.

The WTO has 159 members, including: 155 internationally recognized UN member states, 1 partially recognized state - the Republic of China (Taiwan), 2 dependent territories - Hong Kong and Macau, and the European Union (EU). To join the WTO, a state must submit a memorandum through which the WTO reviews the trade and economic policy of the organization concerned.

Member States of the World Trade Organization: Australia, Austria, Albania, Angola, Antigua and Barbuda, Argentina, Armenia, Bangladesh, Barbados, Bahrain, Belize, Belgium, Benin, Bulgaria, Bolivia, Botswana, Brazil, Brunei, Burkina Faso, Burundi , Vanuatu, UK, Hungary, Venezuela, Vietnam, Gabon, Haiti, Guyana, Gambia, Ghana, Guatemala, Guinea, Guinea-Bissau, Germany, Honduras, Hong Kong, Grenada, Greece, Georgia, Denmark, Djibouti, Dominica, Dominican Republic, DRC, European Community, Egypt, Zambia, Zimbabwe, Israel, India, Indonesia, Jordan, Ireland, Iceland, Spain, Italy, Cape Verde, Cambodia, Cameroon, Canada, Qatar, Kenya, Cyprus, Kyrgyzstan, China, Colombia, Congo , Republic of Korea, Costa Rica, Côte d'Ivoire, Cuba, Kuwait, Latvia, Lesotho, Lithuania, Liechtenstein, Luxembourg, Mauritius, Mauritania, Madagascar, Macao, Republic of Macedonia, Malawi, Malaysia, Mali, Maldives, Malta, Morocco , Mexico, Mozambique, Moldova, Mongolia, Myanmar, Namibia, Nepal, Niger, Nigeria, Netherlands, Nicaragua, New Zealand, Norway, UAE, Oman, Pakistan, Panama, Papua — New Guinea, Paraguay, Peru, Poland, Portugal, Russia, Rwanda, Romania, El Salvador, Samoa, Saudi Arabia, Swaziland, Senegal, Saint Vincent and the Grenadines, Saint Kitts and Nevis, Saint Lucia, Singapore, Slovakia, Slovenia, Solomon islands, Suriname, USA, Sierra Leone, Thailand, Taiwan, Tanzania, Togo, Trinidad and Tobago, Tunisia, Turkey, Uganda, Ukraine, Uruguay, Fiji, Philippines, Finland, France, Croatia, CAR, Chad, Montenegro, Czech Republic, Chile , Switzerland, Sweden, Sri Lanka, Ecuador, Estonia, South Africa, Jamaica, Japan.

Observers at the WTO are: Afghanistan, Algeria, Andorra, Azerbaijan, Bahamas, Belarus, Bhutan, Bosnia and Herzegovina, Vatican, Iran, Iraq, Kazakhstan, Comoros, Lebanon, Liberia, Libya, Sao Tome and Principe, Serbia, Seychelles, Sudan, Syria, Uzbekistan, Equatorial Guinea, Ethiopia.

Countries that are neither members nor observers at the WTO: Abkhazia, Anguilla, Aruba, East Timor, Jersey, Falkland Islands, Gibraltar, Guernsey, Western Sahara, Cayman Islands, Kiribati, Democratic People's Republic of Korea, Republic of Kosovo, Cook Islands, Curacao, Monaco, Montserrat, Nauru, Niue, Palau , San Marino, Saint Helena, Ascension and Tristan da Cunha, Sint Maarten, Somalia, Tokelau, Turks and Caicos, Tuvalu, Turkmenistan, Federated States of Micronesia, Eritrea, South Ossetia, South Sudan.

The heads of the WTO were:

Robert Azeved, since 2013

Pascal Lamy, 2005-2013

Supachai Panitchpakdi, 2002-2005

Mike Moore 1999-2002

Renato Ruggiero, 1995-1999

Peter Sutherland, 1995

The heads of the WTO's predecessor, GATT, were:

Peter Sutherland, 1993-1995

Arthur Dunkel, 1980-1993

Oliver Long, 1968-1980

Eric Wyndham White, 1948-1968

World Trade organisation (WTO; English World Trade Organization (WTO), fr. Organization mondiale du commerce(OMC), Spanish Organization Mundial del Comercio ) is an international organization established on January 1, 1995 with the aim of liberalizing international trade and regulating trade and political relations of member states. The WTO was formed on the basis of the General Agreement on Tariffs and Trade (GATT), concluded in 1947 and for almost 50 years actually performed the functions of an international organization, but was, nevertheless, not an international organization in the legal sense.

The WTO is responsible for the development and implementation of new trade agreements, and also monitors compliance by members of the organization with all agreements signed by most countries of the world and ratified by their parliaments. The WTO builds its activities on the basis of decisions taken in 1986-1994 within the framework of the Uruguay Round and earlier GATT agreements. Discussions of problems and decision-making on global problems of liberalization and prospects for further development of world trade are held within the framework of multilateral trade negotiations (rounds). To date, 8 rounds of such negotiations have been held, including the Uruguay one, and in 2001 the ninth one started in Doha, Qatar. The Organization is trying to complete negotiations on the Doha Round, which was launched with a clear focus on meeting the needs of developing countries. As of December 2012, the future of the Doha Round remains uncertain: the program of work consists of 21 parts, and the originally set deadline of January 1, 2005 has long been missed. During the negotiations, a conflict arose between the desire for free trade and the desire of many countries for protectionism, especially in terms of agricultural subsidies. So far, these obstacles remain the main ones and hinder any progress to launch new negotiations in the Doha Round. As of July 2012, there are various negotiating groups in the WTO system to address current issues in terms of agriculture, which leads to a stalemate in the negotiations themselves.

The headquarters of the WTO is located in Geneva, Switzerland. The head of the WTO (general director) is Roberto Carvalho di Azevedo, the organization itself has about 600 people.

WTO rules provide for a number of benefits for developing countries. Currently, developing countries - members of the WTO have (on average) a higher relative level of customs and tariff protection of their markets compared to developed ones. However, in absolute terms, the total amount of customs tariff sanctions in developed countries is much higher, as a result of which market access for highly valued products from developing countries is seriously limited.

WTO rules regulate only trade and economic issues. Attempts by the United States and a number of European countries to start a discussion about working conditions (which would make it possible to consider insufficient legislative protection of workers as a competitive advantage) were rejected due to protests from developing countries, which argued that such measures would only worsen the well-being of workers due to a reduction in the number of jobs, decrease in incomes and level of competitiveness .

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History of the WTO

The growing role of world trade forced the industrial countries already in the 19th century to maintain limited cooperation at the international level on customs duties. The global economic crisis that broke out in 1929 and attempts to overcome it in some developed countries by directly protecting the domestic market with high customs duties from foreign imports showed that with increasing volumes foreign trade its institutionalization and supranational regulation within the recognized international legal framework is necessary.

The economic foundation of the requirements for the liberalization of foreign trade is the economic theory of comparative advantage developed at the beginning of the 19th century by David Ricardo.

The idea of ​​creating an international organization to regulate international trade arose even before the end of World War II. In 1944, the International Monetary Fund and the International Bank for Reconstruction and Development were founded by the efforts of the United States and Great Britain at the Bretton Woods Conference in 1944. The third pillar of the new economic order, along with the organizations mentioned, was the creation of the International Trade Organization (ITO). To this end, in 1946, a international Conference on Trade and Employment, which was supposed to develop a substantive legal framework international agreement to reduce tariffs, to propose to interested countries the charter of this organization, to take on a coordinating role in facilitating foreign trade and reducing the customs burden on the way of goods from country to country. Already in October 1947, the General Agreement on Tariffs and Trade (GATT) was signed, which was initially considered only as part of a comprehensive agreement within the new international trade organization. This agreement, regarded as temporary, entered into force on January 1, 1948.

The USSR was not invited to participate in the Havana Conference, as it refused to be a member of the IMF and IBRD. The Soviet government feared that big influence, which the United States had in these organizations, and the beginning of the confrontation between ideological blocs (the Cold War) will not allow the interests of the USSR to be properly taken into account within these organizations.

The US Congress, however, unexpectedly refused to ratify the ITO Charter, despite the fact that the United States was the main driving force behind the organization of the ITO, and the GATT, originally an interim agreement, continued without any of the organizational structure that the ITO was supposed to become.

In subsequent years, the GATT, although cut from its original form, proved to be a fairly effective system, in which the average customs duty decreased from 40% by the time the agreement was signed in the mid-forties to 4% in the mid-nineties. In order to reduce direct customs duties and hidden, so-called non-tariff restrictions on the import of products from abroad, rounds of negotiations between member countries were regularly held within the framework of GATT.

The so-called Uruguay Round of negotiations, which lasted from 1986 to 1994, was the most successful. As a result of long negotiations in 1994 in Marrakech, an agreement was signed on the establishment of the WTO, which entered into force on January 1, 1995. The participating countries have agreed that this organization will not only regulate trade in goods (which has been the subject of GATT since 1948), but also in connection with the ever-increasing role of services in a post-industrial society and their growing share in world trade ( on beginning of XXI century - about 20%) adopted the General Agreement on Trade in Services (GATS), which regulates this area of ​​foreign trade. Also, within the framework of the Marrakesh Agreement, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) was adopted, which regulates trade issues of rights to the results of intellectual activity and is an integral part of the legal foundation of the WTO.

Thus, almost 50 years after unsuccessful attempts to create an international organization and the existence of a temporary GATT structure regulating foreign trade issues, on January 1, 1995, the WTO began to work.

In autumn 2001, the Doha round of WTO negotiations on further liberalization of world trade was launched in the capital of Qatar. Among the issues included in it are the liberalization of world trade in agricultural products, including the reduction of tariffs and the abolition of subsidies, financial services and the protection of intellectual property. However, negotiations are dragging on, largely due to the problem of access to non-agricultural markets. Developed countries want to get more access to the industrial sector of developing countries, the latter, in turn, fear that this may lead to a slowdown in economic growth. Russia joined the World Trade Organization and became its 156th member on August 22, 2012.

Purposes and principles of the WTO

The task of the WTO is not the achievement of any goals or results, but the establishment of general principles of international trade. According to the declaration, the work of the WTO, like the GATT before it, is based on basic principles, including:

There are three types of activities in this direction:

Articles allowing trade measures to be used to achieve non-economic goals; - Articles aimed at ensuring "fair competition";. Members shall not use environmental measures as a means of disguising protectionist policies - Provisions allowing intervention in trade for economic reasons. Exceptions to the MFN principle also include developing and least developed countries that enjoy preferential treatment in the WTO, regional free trade areas and customs unions.

Organizational structure of the WTO

The official supreme body of the organization is the Ministerial Conference WTO, which meets at least once every two years. During the existence of the WTO, ten such conferences were held, almost each of which was accompanied by active protests from the opponents of globalization.

The organization is headed by the General Director with a corresponding council subordinate to him. Subordinate to the Council is a special commission on trade policy of the participating countries, designed to monitor their compliance with their obligations under the WTO. In addition to general executive functions, the General Council manages several other commissions created on the basis of agreements concluded under the WTO. The most important of these are: the Council on Commodity Trade (so-called GATT Council), the Council on Trade in Services and the Council on Trade-Related Aspects of Intellectual Property Rights. In addition, there are many other committees and working groups subordinate to the General Council, designed to provide the highest bodies of the WTO with information on developing countries, budgetary policy, financial and budgetary issues, etc.

Dispute Resolution Authority

In accordance with the adopted “Agreement on Rules and Procedures Governing the Settlement of Disputes” arising between WTO member states, disputes are settled by the Dispute Settlement Body (DSB). This quasi-judicial institution is designed to impartially and effectively resolve conflicts between the parties. De facto, its functions are performed by the WTO General Council, which makes decisions on the basis of reports of arbitration panels dealing with a particular dispute. Over the years since the founding of the WTO, the DSB has been forced many times to resolve complex, often quite politicized trade problems between influential WTO member states. Many decisions of the DSB over the past years are perceived ambiguously.

Individual Solutions

Some decisions of the Dispute Resolution Commission of the World Trade Organization that caused a great public outcry:

  • 1992 GATT decision regarding US law governing tuna imports. American protection law marine mammals banned the import of fish caught using a certain kind nets that killed dolphins. The law applied to both U.S. and foreign fish sellers and was considered by the U.S. government to have a "legitimate goal" of protecting the environment. Mexico, as a country in which this method of catching tuna was used, filed a complaint against this law, arguing that it violates free trade agreements and is a non-tariff restriction prohibited under the GATT. The Commission's predecessor indeed recognized this law as inconsistent with free trade standards and pointed out that although the US government pursued the legitimate goal of protecting dolphins with the contested ban, this goal could be achieved by other methods that would not infringe on other countries. Tuna/Dolphin Case I
  • A similar dispute over a law banning the importation of shrimp into the United States that was caught in a method that is dangerous to sea turtles was already before the Commission in the WTO in 2000. The Asian countries (India, Pakistan, Malaysia and Thailand) that used this fishing method were of the opinion that such restrictions on imports to the United States were nothing more than "green protectionism", behind which, in fact, the desire of developed countries to restrict the import of cheap imports is behind. and environmental justifications are just a pretext. In reviewing this case, although the Commission recognized in the reasoning of its decision the possibility that environmental protection measures could theoretically be a legitimate reason for restricting the import of certain products, however, in the specific case, the law on the ban on the import of shrimp, in its opinion, does not comply with the norms. WTO, and the US is ordered to abolish it. Shrimp/Turtle Case
  • The bulk of trade disputes within the framework of the WTO are disputes between the largest subjects of international trade - the European Union and the United States. For example, the conflict over the high duties imposed by the United States in March 2002 on imports of European steel in order to support the American steel industry received wide publicity. The European Union regarded this as discrimination prohibited by WTO rules and challenged these measures with a complaint to the Commission, which recognized the measures to protect the US market as violating WTO rules. The US was forced to abolish discriminatory duties.

Accession and membership in the WTO

The WTO has 162 members, including: 158 internationally recognized UN member states, partially recognized Taiwan, 2 dependent territories (Hong Kong and Macau) and the European Union. To join the WTO, a state must submit a memorandum through which the WTO reviews the trade and economic policy of the organization concerned.

Post-Soviet countries thus joined the WTO:

Four post-Soviet countries remain outside the WTO: Azerbaijan, Belarus, Turkmenistan and Uzbekistan. In 2013, Turkmenistan took the initiative to join the WTO. In 2016, Belarus began active negotiations on WTO accession.

Negotiations on Russia's accession to the WTO

Negotiations on Russia's accession to the World Trade Organization lasted 18 years, from 1993 to 2011.

Based on the results of the negotiations, the Report of the Working Group on the Accession of the Russian Federation to the World Trade Organization dated November 16, 2011 No. WT/ACC/RUS/70, WT/MIN(11)/2 was prepared.

Act on Russia's accession to the WTO

December 16, 2011 - the Protocol "On the Accession of the Russian Federation to the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994" was signed in Geneva.

June 7, 2012 - registered in the State Duma of the Russian Federation Bill No. 89689-6 "On Ratification of the Protocol on the Accession of the Russian Federation to the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994"

July 23, 2012 - the federal law dated July 21, 2012 No. 126-FZ "On Ratification of the Protocol on the Accession of the Russian Federation to the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994" published in " Russian newspaper» N 166, on the «Official Internet portal of legal information» (www.pravo.gov.ru), in the Collection of Legislation of the Russian Federation N 30 Art. 4177.

August 3, 2012- Federal Law of July 21, 2012 No. 126-FZ "On Ratification of the Protocol on the Accession of the Russian Federation to the Marrakesh Agreement Establishing the World Trade Organization of April 15, 1994" It entered into force (after 10 days after the day of its official publication).

August 22, 2012- according to the message of Pascal Lami - Director General of the WTO, Russia with serial number 156 included in the official list of WTO member countries.

Official reports on the results of Russia's accession to the WTO

Critics also believe that small countries have very little influence on the WTO, and despite the stated goal of helping developing countries, developed countries focus primarily on their commercial interests. Also, according to them, issues of health, safety and environmental protection are constantly being ignored in favor of additional benefits for business, which, however, directly contradicts the goals and charter of the WTO. [ ]

In particular, the activities of the WTO are often criticized and condemned by anti-globalists.

Contrary to its stated aims, WTO membership does not protect member countries from the imposition of politically motivated unilateral economic sanctions.



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