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Guide to Foreign and International Legal Citations - New York ...

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I. ORGANIZATION PROFILE<br />

246<br />

WORLD TRADE ORGANIZATION<br />

The World Trade Organization (“WTO”) is an international organization consisting of<br />

148 Member States that deals with the global rules of trade between nations. The WTO’s main<br />

function is <strong>to</strong> ensure that trade flows as smoothly, predictably, <strong>and</strong> freely as possible. It does this<br />

by administering trade agreements, acting as a forum for trade negotiations, settling trade<br />

disputes, reviewing national trade policies, assisting developing countries in trade policy issues,<br />

<strong>and</strong> cooperating with other international organizations.<br />

The WTO was born out of the Uruguay Round of negotiations of the General Agreement<br />

on Tariffs <strong>and</strong> Trade (“GATT”). The term GATT refers <strong>to</strong> both the multilateral agreement <strong>and</strong><br />

the international organization that administers the agreement. The WTO provides a forum for<br />

future GATT negotiations <strong>and</strong> administers the dispute resolution system.<br />

The WTO’s <strong>to</strong>p level decision-making body is the Ministerial Conference, which meets<br />

at least once every two years. This body consists of representatives from each Member State <strong>and</strong><br />

has full authority <strong>to</strong> take decisions on any matter arising from any of the Multilateral Trade<br />

Agreements (those agreements signed by all Member States). The Ministerial Conference is the<br />

chief policy-making body of the WTO <strong>and</strong> any major policy change requires its approval.<br />

Beneath the Ministerial Conference is the General Council, which meets several times a<br />

year. This body is responsible for overseeing the WTO between Ministerial Conference<br />

meetings <strong>and</strong> consists of a representative from each Member State. The General Council has<br />

authority <strong>to</strong> act in all areas pertaining <strong>to</strong> Multilateral <strong>and</strong> Plurilateral Trade Agreements (the<br />

latter of which are not signed by all WTO Member States) <strong>and</strong> the WTO, except for major policy<br />

changes <strong>and</strong> decisions <strong>to</strong> alter the WTO treaties. The General Council also meets as the Trade<br />

Policy Review Body <strong>and</strong> the Dispute Settlement Body.<br />

The Goods Council, Services Council, <strong>and</strong> Intellectual Property (or TRIPS) Council<br />

report <strong>to</strong> the General Council. The Goods Council oversees the proper functioning of all<br />

Multilateral Trade Agreements affecting trade in goods, including interpretations of various<br />

GATT articles. The Services Council oversees the General Agreement on Trade in Services<br />

(GATS), which attempts <strong>to</strong> do for services what GATT has done for trading goods by<br />

establishing a multilateral framework for the reduction <strong>and</strong> elimination of barriers <strong>to</strong><br />

international trade in services. The TRIPS Council oversees the TRIPS Agreement, which<br />

includes clauses ensuring non-discrimination <strong>and</strong> most-favored nation (MFN) status. The<br />

agreement also covers different kinds of intellectual property rights, such as copyrights,<br />

trademarks, <strong>and</strong> patents.<br />

Six smaller bodies called committees also report <strong>to</strong> the General Council. These<br />

committees also consist of representatives from WTO Member States. The committees deal with<br />

issues such as trade <strong>and</strong> development, the environment, regional trading arrangements,<br />

administrative issues, investment <strong>and</strong> competition policy, transparency in government<br />

procurement, <strong>and</strong> trade facilitation. In addition, two more subsidiary bodies dealing with the<br />

Plurilateral Agreements regularly keep the General Council informed of their activities.<br />

The WTO Secretariat services the WTO bodies with respect <strong>to</strong> negotiations <strong>and</strong><br />

implementation of agreements. Based in Geneva, the Secretariat is headed by a Direc<strong>to</strong>r General.<br />

The Secretariat’s main duties are <strong>to</strong> supply technical support for the various councils, committees<br />

<strong>and</strong> ministerial conferences, provide technical assistance <strong>to</strong> developing countries, analyze world

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