impact of wto
Core WTO Agreements: Trade in Goods and Services and Intellectual Property
Arvind Panagariya
Contents
1. Introduction 1
2. Trade in Goods 2
2.1 The Most favored Nation Principle 5
2.2 National Treatment 7
2.3 Tariffs 9
2.4 Customs Procedures 10
2.5 Quantitative Restrictions 11
2.6 Subsidies 12
2.7 Anti-dumping 16
2.8 Safeguards: Emergency Protection 19
2.9 Trade Related Investment Measures 22
2.10 State Trading 23
2.11 Preferential Trade Areas 24
2.12 Non-application of the Agreement and Security and Environmental Exceptions 26
2.13 Government Procurement 28
3. Trade in Services 29
3.1Scope and Definition 30
3.2 The MFN Provision 31
3.3 Market Access, National treatment and the Schedule of Specific Commitments 32
3.4 Preferential Trade Areas 33
3.5 Mutual Recognition of Qualifications 36
3.6 Transparency, Domestic Regulation and the Status of Monopolies and Exclusive Service Suppliers 37
3.7 Restrictions to Safeguard the Balance of Payments 38
3.8 General and Security Exceptions 39
3.9 Issues for Future Negotiations: Emergency Safeguards, Subsidies and Government Procurement 40
3.10 Developing-Country-Specific Provisions 40
3.10 Other Provisions 41
3.11 Annexes 42
4. Intellectual Property Rights 43
4.1 General Obligations and Basic Principles 44
4.2 IP Standards 44
4.3 Enforcement 46
4.4 Dispute Settlement and Transition Arrangements 46
1. Introduction Prior to January 1, 1995, when the World Trade Organization (WTO) was established, only trade in goods was subject to multilateral rules. These rules were codified in the General Agreement on Tariffs and Trade (GATT), which came into force on January 1, 1948. Upon creation, the WTO subsumed GATT within itself and added to it the General Agreement on Trade in Services (GATS) and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). These latter agreements brought trade in services and intellectual property rights, respectively,
Arvind Panagariya
Contents
1. Introduction 1
2. Trade in Goods 2
2.1 The Most favored Nation Principle 5
2.2 National Treatment 7
2.3 Tariffs 9
2.4 Customs Procedures 10
2.5 Quantitative Restrictions 11
2.6 Subsidies 12
2.7 Anti-dumping 16
2.8 Safeguards: Emergency Protection 19
2.9 Trade Related Investment Measures 22
2.10 State Trading 23
2.11 Preferential Trade Areas 24
2.12 Non-application of the Agreement and Security and Environmental Exceptions 26
2.13 Government Procurement 28
3. Trade in Services 29
3.1Scope and Definition 30
3.2 The MFN Provision 31
3.3 Market Access, National treatment and the Schedule of Specific Commitments 32
3.4 Preferential Trade Areas 33
3.5 Mutual Recognition of Qualifications 36
3.6 Transparency, Domestic Regulation and the Status of Monopolies and Exclusive Service Suppliers 37
3.7 Restrictions to Safeguard the Balance of Payments 38
3.8 General and Security Exceptions 39
3.9 Issues for Future Negotiations: Emergency Safeguards, Subsidies and Government Procurement 40
3.10 Developing-Country-Specific Provisions 40
3.10 Other Provisions 41
3.11 Annexes 42
4. Intellectual Property Rights 43
4.1 General Obligations and Basic Principles 44
4.2 IP Standards 44
4.3 Enforcement 46
4.4 Dispute Settlement and Transition Arrangements 46
1. Introduction Prior to January 1, 1995, when the World Trade Organization (WTO) was established, only trade in goods was subject to multilateral rules. These rules were codified in the General Agreement on Tariffs and Trade (GATT), which came into force on January 1, 1948. Upon creation, the WTO subsumed GATT within itself and added to it the General Agreement on Trade in Services (GATS) and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). These latter agreements brought trade in services and intellectual property rights, respectively,