About the WTO
Status of WTO Legal Instruments
This publication covers the treaty instruments drawn up by WTO Members in relation to the Marrakesh Agreement Establishing the WTO and the multilateral and plurilateral trade agreements annexed to this Agreement. It lists the adoption and signature dates of WTO treaty instruments and the dates of acceptances accessions or amendments to these. It also provides the date of their entry into force as well as the dates of other communications and declarations received by the WTO Director-General in her capacity as depositary. This updated 2021 edition reflects several WTO treaty developments since the previous edition. Following a brief introduction a dedicated section provides a comprehensive summary of the establishment of the WTO and the evolution of its treaty instruments. It also provides information on depositary notifications by the WTO Director-General the relevant volumes of the WTO and UN Treaty Series and treaty registration with the United Nations. Hyperlinks in the PDF version allow readers direct access to the relevant WTO and UN documents.
Buena Vista Social Corporate Responsibility Provisions in Regional Trade Agreements
Corporate social responsibility (CSR) has become an integral part of many companies' business strategy. A detailed analysis of 579 RTAs including 305 agreements currently in force and notified to the WTO (as of December 2020) reveals that a limited but increasing number of RTAs namely 65 agreements refer explicitly to CSR. These CSR-related provisions are particularly heterogeneous in terms of location in the RTA language scope and commitments.
The Impact of Services Liberalization on Education
This paper studies the impact of services liberalization on education and the gender education gap at the district level in India. We focus on the time period 1987 to 1999 and three services sectors - banking insurance and telecommunications - which were all state monopolies have been heavily liberalized in the time frame studied have relatively high shares of female employment and require high education investments. Our hypothesis is that the national-level liberalization spurred higher investment in education particularly girls’ education in districts with higher employment growth in these key services sectors.
Africa’s Integration in the WTO Multilateral Trading System
The Marrakesh Agreement establishing the WTO recognizes the need for positive efforts designed to ensure that developing countries and especially the least developed among them secure a share in the growth in international trade commensurate with the needs of their economic development.This article discusses how the WTO contributes to facilitating Africa’s integration into the WTO multilateral trading system. It is argued that while African countries are actively engaged in the work of the WTO securing their economic and policy interests some main challenges remain. These include the need to further diversify production linking to the Global Value Chains and developing adequate infra-structures facilitating digital trade as a vehicle for economic growth.
WTO in Brief
In brief the World Trade Organization (WTO) is the only international organization dealing with the global rules of trade. Its main function is to ensure that trade flows as smoothly predictably and freely as possible.
The Evolution of Gender-Related Provisions in Regional Trade Agreements
Regional Trade agreements (RTAs) are sometimes considered as laboratories in which new types of provisions are negotiated to address recent trade-related issues. Although the inclusion of gender-related provisions in RTAs is not a recent phenomenon only a limited but increasing number of RTAs refer explicitly to gender-related issues. These gender-related provisions are highly heterogeneous and differ in terms of location in the RTA language scope and commitments. Some of the most detailed gender-related provisions are found in stand-alone chapters on gender. Cooperation provisions on gender-related issues including labour health and social policy remain the most common type of gender-related provisions found in RTAs.
Hold the Line: The Evolution of Telecommunications Provisions in Regional Trade Agreements
Based on the first comprehensive mapping of telecommunications provisions telecommunications in regional trade agreements (RTAs) this paper shows that telecommunications provisions in RTAs have evolved and expanded significantly over the years. While some provisions focus on information and communications technologies (ICT) infrastructure policy and investment other provisions address telecommunications services as well as standards and conformity assessment procedures of ICT equipment. The most detailed and comprehensive telecommunications provisions are found in stand-alone chapters sections or annexes on telecommunications services. A network analysis further reveals that telecommunications provisions remain highly heterogenous.
The WTO Global Trade Costs Index and Its Determinants
This study provides a decomposition of the WTO Global Trade Costs Index into five policy-relevant components: transport and travel costs; information and transaction costs; ICT connectedness; trade policy and regulatory differences; and governance quality. The WTO Global Trade Costs Index is based on a new methodology by Egger et al. (2021) that delivers directional trade cost estimates and sector-specific elasticities which are crucial for inferring trade costs from trade flows data. The resulting measure of trade costs includes all factors that burden foreign sales more than domestic ones. In this study we run a sectoral regression analysis to determine what drives trade costs variation across partners and use the results to decompose the variation in trade costs in each sector.
Trade Finance, Gaps and the COVID-19 Pandemic
Developments in trade finance in 2020 were largely driven by the impact of the COVID-19 pandemic. Twelve years after the great financial crisis of 2008-09 the issue of trade finance re-emerged as a matter of urgency. While the current pandemic-related crisis did not have a financial cause one of its results has been that many countries are experiencing difficulties in accessing trade credit. This is occurring notably in countries – particularly developing countries – in which structural trade finance gaps were high even before the pandemic
Intellectual Property and Digital Trade Mapping International Regulatory Responses to Emerging Issues
This paper explores how regulatory responses to emerging IP issues in digital trade may develop at the international level and in particular how existing mechanisms might influence the chances of developing internationally agreed rules in this regard. The primacy of state sovereignty in intellectual property up to the late 19th century gave way to the important WIPO treaties which still retained some independence of member states and based international regulatory responses directly on national experience. While more regulatory sovereignty was ceded in TRIPS the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty the adoption of non-binding instruments (such as the WIPO Joint Recommendations in the area of trademarks) show the limits of decision making by consensus.
United States - Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available
On 21 January 2021 the WTO circulated the panel report in the case brought by Korea in “United States — Anti-Dumping and Countervailing Duties on Certain Products and the Use of Facts Available” (DS539).
Introduction
The WTO Agreement on Technical Barriers to Trade (TBT Agreement) entered into force with the establishment of the World Trade Organization (WTO) on 1 January 1995. It aims to ensure that product requirements in regulations and standards (on safety quality health etc.) as well as procedures for assessing product compliance with such requirements (testing inspection accreditation etc.) are not unjustifiably discriminatory and/or do not create unnecessary obstacles to trade.
The TBT Agreement
The TBT Agreement entered into force on 1 January 1995. It is one of the various WTO agreements annexed to the WTO Agreement. As indicated above the TBT Agreement belongs to the family of multilateral WTO agreements dealing with trade in goods (the GATT and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) are examples of other “goods” agreements).
The WTO Agreements Series: Technical Barriers to Trade
This fully revised and expanded third edition provides an overview of the Technical Barriers to Trade (TBT) Agreement and the types of measures it covers.
The basic structure of WTO agreements
Broadly speaking the WTO agreements for the two largest areas of trade – goods and services – share a common threepart outline even though the details are sometimes different (see Figure 1).
Pakistan - Anti-Dumping Measures on Biaxially Oriented Polypropylene Film from the United Arab Emirates
On 18 January 2021 the WTO circulated the panel report in the case brought by the United Arab Emirates in “Pakistan — Anti-Dumping Measures on Biaxially Oriented Polypropylene Film from the United Arab Emirates” (DS538) .
WTO Accession and Growth: Tang and Wei Redux
On the occasion of the 25th anniversary of the WTO this paper re-estimates the impact of WTO accession on growth. Joining the multilateral trading system not only expands access to international markets but also requires commitment to domestic reforms. Tang and Wei (2009) showed that there is in fact a positive effect of WTO on growth also during the period of accession when these commitments are undertaken.
COVID-19 and Global Value Chains
Since the outbreak of the COVID-19 pandemic there has been a discussion among researchers and policy makers about changes to global value chains both about expected changes and changes that should be promoted by government policies. In this paper we conduct an in-depth analysis of the reasons for changes in global value chains as a result of COVID-19 both from a positive angle analysing expected changes in the behaviour of firms and from a normative angle assessing the different arguments for policy interventions by governments. After this analysis international cooperation of trade policies and the role of WTO in crises like the COVID-19 pandemic is explored.
Trade Costs in the Global Economy
Proper measurement and aggregation of trade costs is of paramount importance for sound academic and policy analysis of the determinants - particularly those of policy - of economic outcomes. The international trade profession has witnessed signifcant new developments both on the theoretical and on the empirical side concerning the measurement and decomposition of such costs into variable and fixed costs on the one hand and into partial and general equilibrium effects on the other hand.
Secretariat and budget
The WTO Secretariat has over 600 regular staff who coordinate the activities of the WTO. Most of the WTO’s annual budget consists of contributions by its members.
Supporting development and building trade capacity
The WTO aims to help developing countries build their trade capacity and allows them a longer time to implement trade agreements. Hundreds of training courses are organized each year for officials from developing countries.
Membership
The WTO is open to states and customs territories with full autonomy over their external commercial relations. The accession process promotes the integration of new members into the global economy.
Implementation and monitoring
Various WTO councils and committees seek to ensure that WTO agreements are being properly implemented. All WTO members undergo periodic scrutiny of their trade policies and practices.
Trade negotiations and discussions
Changes to the rules of trade require the agreement of WTO members who must reach a decision through negotiations.
Dispute settlement activity in 2020
WTO members bring disputes to the WTO if they think their rights under trade agreements are being infringed. Settling disputes is the responsibility of the Dispute Settlement Body.
Outreach
The WTO maintains regular dialogue with the business community non-governmental organizations parliamentarians other international organizations the media and the general public to enhance cooperation and raise awareness of trade issues.
Introduction
The overall objective of the WTO is to help its members use trade as a means to raise living standards create jobs and improve people’s lives. The WTO operates the global system of trade rules and helps developing countries build their trade capacity. It also provides a forum for its members to negotiate trade agreements and to resolve the trade problems they face with each other.
Annual Report 2021
The 2021 Annual Report provides a comprehensive account of the WTO's activities in 2020 and early 2021. The Report opens with a message from WTO Director-General Ngozi Okonjo-Iweala and a brief overview of the past year. This is followed by in-depth accounts of the WTO's main areas of activity. Spotlights highlight the Director-General selection process COVID-19 and world trade and the WTO’s 25th anniversary.
The value of the Committee on Agriculture
What is the value of the WTO Committee on Agriculture? How much trade do countries talk about at the WTO? Do low-income countries participate less than they should in the work of the Committee? How important are issues not covered by notifications? What are the most important issues on which to focus negotiations?
The Shifting Contours of Trade in Knowledge
This paper charts the evolution and diversification of trade in knowledge that has taken place in the quarter-century since the WTO TRIPS Agreement came into force. Entirely new markets have come into being potentially redefining the very character of 'trade'.
Korea, Republic of - Sunset Review of Anti-Dumping Duties on Stainless Steel Bars
On 30 November 2020 the WTO circulated the panel report in the case brought by Japan in “Korea - Sunset Review of Anti-Dumping Duties on Stainless Steel Bars” (DS553).
Copyright and related rights
Part II of the TRIPS Agreement sets out the substantive standards for the protection of IP that WTO members should follow. This chapter outlines the provisions of Section 1 of Part II (running from Article 9 to Article 14) which sets out the protection that members must make available in the area of copyright and related rights – specifically for literary and artistic works performances phonograms (or sound recordings) and broadcasts.
Current TRIPS issues
This chapter provides a general overview of the ongoing work in the TRIPS Council and other WTO bodies on other aspects of TRIPS and public policy as of the time of writing focusing on the issues which have been the most prominent
Patents
This chapter explains the provisions of Section 5 of Part II of the TRIPS Agreement entitled ‘Patents’. Section 5 which contains eight articles from Article 27 to Article 34 sets out the obligations of members with respect to standards concerning the availability scope and use of patents. Starting with a general explanation of terms this chapter goes on to explain each specific provision in this Section of the TRIPS Agreement.
Preface
At the heart of the World Trade Organization (WTO) is a set of rules that regulate trade between nations: a body of agreements which have been negotiated and signed by governments of most of the world’s trading nations with the aim of promoting transparency predictability and nondiscrimination in trading relations. These agreements covering trade in goods trade in services and trade-related aspects of intellectual property rights help to define and inform the multiple roles of the WTO as an international intergovernmental organization in administering the provisions of these agreements providing a forum for trade negotiations handling trade disputes monitoring national trade policies providing technical assistance and capacity building for developing countries and cooperating with other international organizations. Understanding these agreements and their practical policy and legal contexts therefore provides significant insights into the WTO as an institution its activities and international role its partnerships with other organizations and the way in which WTO member governments identify and pursue their national interests through this intergovernmental forum.
Trademarks
This chapter explains the provisions of Section 2 of Part II of the TRIPS Agreement entitled ‘Trademarks’. This Section contains seven articles from Article 15 to Article 21 and deals with the protection that members have to make available for trademarks.
TRIPS and public health
Public health has been one of the most extensively discussed aspects of the TRIPS Agreement both in terms of the treaty text itself and its implementation at the domestic level. Its significance is borne out by a proclamation at the ministerial level the 2001 Doha Declaration on the TRIPS Agreement and Public Health (Doha Declaration) and by the ensuing amendment of the Agreement itself the first amendment of any WTO multilateral trade agreement undertaken specifically to provide the most vulnerable countries with an additional secure legal pathway to gain access to affordable generic medicines.
Guide to transparency under TRIPS
This Appendix provides a practical guide to the transparency mechanisms established under the TRIPS Agreement concerning how countries choose to implement provisions of the Agreement. These mechanisms help the TRIPS Council to monitor the operation of the Agreement and to promote understanding of members’ intellectual property (IP) policies and legal systems. This Appendix focuses only on the practical use of these mechanisms: the relevant chapters of this book should be consulted for their full background and context.
Dispute prevention and settlement
Chapters II to VIII have dealt with members’ commitments as regards the substantive standards for protection of IPRs under domestic laws as well as their enforcement through their domestic legal systems. An important feature of the TRIPS Agreement is that disputes between members about compliance by member governments with these TRIPS obligations are subject to the dispute settlement system of the WTO. The TRIPS provisions on dispute settlement are contained in Part V of the TRIPS Agreement entitled ‘Dispute Prevention and Settlement’.
Guide to TRIPS documents
The TRIPS Agreement includes a set of transparency mechanisms which require members to furnish extensive information about their IP laws and policies and details about how IPRs are administered and enforced in their territories; these laws are also reviewed in detail in the TRIPS Council. In addition the TRIPS Council has itself established a series of reporting processes concerning specific aspects of members’ IP systems. The operation of these transparency mechanisms in the years since 1995 has yielded a uniquely comprehensive and systematic body of information that now covers some 130 jurisdictions (essentially all WTO members other than LDC members for whom these provisions do not yet apply).
Acknowledgements
Preparation of the Handbook was a collective endeavour by the WTO Intellectual Property Government Procurement and Competition Division drawing on years of practical feedback from technical assistance and training programmes prepared and delivered by the Division in particular the material prepared for the first version of the TRIPS module of WTO eTraining. The former director of the Division Mr Adrian Otten substantively reviewed and enhanced earlier versions of this material.