3. The Establishment of the WTO and Its Legal Texts
3. WTO的建立及其法律文件

乌拉圭回合谈判的重要意义在于，此“回合”通过的《最后文件》（the Final Act）大大发展了GATT下的法制，其中的《马拉喀什建立世界贸易组织协定》（简称《WTO协定》）是其基本文件，它不仅赋予WTO正式国际组织的法律人格，还对WTO的范围、职能、机构、地位、决策、加入与退出等事项进行明确规范，使WTO体制趋于成熟。该协定有四个附件，分别涉及多边贸易规则、争端解决机制、贸易政策评审机制、若干诸边贸易协定，它们构成WTO法律体系的基础。该《最后文件》还包括一系列有关具体事项所做出的宣言或决定，这些文件大多是对GATT下谈判结果的具体问题的明确化或进一步谈判的要求与安排。

3.1 The Establishment of the WTO

3.1 WTO的建立

One of the final results of the Uruguay Roundmay be a decision to regularize the institutional arrangement of a world trade body-WTO, which enter into effect in January1,1995.76 governments became members of the WTO on its first day, with some 50 other governments at various stages of completing their domestic ratification procedures, and the remainder engaged in negotiating their terms of entry. The WTO is the embodiment of the Uruguay Round results and the successor to the General Agreement on Tariffs and Trade（GATT）.

The World Trade Organization（WTO）is the legal and institutional foundation of the multilateral trading system. It provides the principal contractual obligations determining how government frame and implement domestic trade legislation and regulations. And it is the platform on which trade relations among countries evolved through collective debate, negotiation and adjudication.

The World Trade Organization is not a simple extension of GATT in terms of larger membership and development of trade rules. On the contrary, it completely replaces its predecessor and has a very different character. Among the principal differences are the following：

It has a much broader scope in terms of the commercial activity and trade policies to which it applied only to trade in merchandise goods; the WTO covers in goods, services and“trade in ideas”or intellectual property.

The GATT was a multilateral agreement with no institutional foundation, only a small associated secretariat which on its origins in the attempt to establish an International Trade Organization in the 1940s. The WTO is a permanent institution with its own secretariat.

The GATT was an agreement applied on a“provisional basis”even if it has lasted more than forty years. The WTO has a full international legal status and is operated on a permanent basis.

The GATT was a mixture of multilateral and plurilateral instruments. The agreements which constitute the WTO are almost all multilateral and, thus, involve commitments for the entire membership.

The WTO dispute settlement system is faster, more automatic, and thus much less susceptible to blockages than the old GATT system. The implementation of WTO dispute findings will also be more easily assured.

3.2 The legal Texts of WTO

3.2 WTO 的法律文件

“The Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations”, signed by ministers in Marrakesh on 15 April 1994 is 550 pages long and contains legal texts which spell out the results of the negotiations since the Round was launched in Punta del Este, Uruguay, in September 1986. In addition to the texts of the agreements, the Final Act also contains texts of Ministerial Decisions and Declarations which further clarify certain provisions of some of the agreements.

The Final Act with its successive agreements constitutes the fundamental legal documents of WTO. The following list shows the agreements contained in The Final Act in bilingual version：

MARRAKESH AGREEMENT ESTABLISHING

THE WORLD TRADE ORGANIZATION

马拉喀什建立世界贸易组织协定

Annex 1

附件1

Annex 1A:Multilateral Agreements on Trade in Goods

附件1A：多边货物贸易协定

General Agreement on Tariffs and Trade 1994

1994年关税与贸易总协定

Understanding on the Interpretation of ArticleⅡ:1（b）of the General Agreement on Tariffs and Trade 1994

关于解释1994年关税与贸易总协定第2条第1款（b）项的谅解

Understanding on the Interpretation of Article ⅩⅦ of the General Agreement on Tariffs and Trade 1994 12

关于解释1994年关税与贸易总协定第17条的谅解

Understanding on Balance-of-Payments Provisions of the General Agreement on Tariffs and Trade 1994

关于1994年关税与贸易总协定国际收支条款的谅解

Understanding on the Interpretation of Article ⅩⅩⅣ of the General Agreement on Tariffs and Trade 1994

关于解释关税与贸易总协定第24条的谅解

Understanding in Respect of Waivers of Obligations under the General Agreement on Tariffs and Trade 1994

关于豁免1994年关税与贸易总协定义务的谅解

Understanding on the Interpretation of Article ⅩⅩⅧ of the General Agreement on Tariffs and Trade 1994

关于解释1994年关税与贸易总协定第28条的谅解

Marrakesh Protocol to the General Agreement on Tariffs and Trade 1994

1994年关税与贸易总协定马拉喀什议定书

Agreement on Agriculture

农业协定

Agreement on the Application of Sanitary and Phytosanitary Measures

实施卫生与植物卫生措施协定

Agreement on Textiles and Clothing

纺织品与服装协定

Agreement on Technical Barriers to Trade

技术性贸易壁垒协定

Agreement on Trade-Related Investment Measures

与贸易有关的投资措施协定

Agreement on Implementation of Article Ⅵ of the General Agreement on Tariffs and Trade 1994

关于实施1994年关税与贸易总协定第6条的协定

Agreement on Implementation of Article Ⅶ of the General Agreement on Tariffs and Trade 1994

关于实施1994年关税与贸易总协定第7条的协定

Agreement on Preshipment Inspection

装运前检验协定

Agreement on Rules of Origin

原产地规则协定

Agreement on Import Licensing Procedures

进口许可程序协定

Agreement on Subsidies and Countervailing Measures

补贴与反补贴措施协定

Agreement on Safeguards

保障措施协定

Annex 1B:General Agreement on Trade in Services

附件1B：服务贸易总协定

Annex 1C:Agreement on Trade-Related Aspects of Intellectual Property Rights

附件1C：与贸易有关的知识产权协定

Annex 2: Understanding on Rules and Procedures Governing the Settlement of Disputes

附件2：关于争端解决规则与程序的谅解

Annex 3:Trade Policy Review Mechanism

附件3：贸易政策评审机制

Annex 4:Plurilateral Trade Agreements

附件4：诸边贸易协定

Agreement on trade in Civil Aircraft

民用航空器贸易协定

Agreement on Government Procurement

政府采购协定

International Dairy Agreement

国际奶制品协定

International Bovine Meat Agreement

国际牛肉协定

The extensive national schedules of tariffs concessions and services commitments, which not been included in the Final Act because of its extensity, are integral part of the World Trade Organization Agreement. In addition there are about thirty Ministerial Decisions, Declarations and Understandings are included in The Final Act.

3.3 Development of WTO Rules after Uruguay round

3.3 乌拉圭回合后WTO规则的发展

Some negotiations continued just after the end of the Uruguay Round. In February 1997, agreement was reached on telecommunications services, with 69 governments agreeing to wide-ranging liberalization measures that went beyond those agreed in the Uruguay Round. In the same year,70 members concluded a financial services deal covering more than 95% of trade in banking, insurance, securities and financial information.

At the Singapore Ministerial Conference in December 1996,29（including the 15 EC member states）countries or separate customs territories signed the Ministerial Declaration on Trade in Information Technology Products（ITA）. The ITA entered into force with the first staged reduction in tariffs occurring on 1 July 1997. There are three basic principles that one must abide by to become an ITA participant:1）all products listed in the Declaration must be covered,2）all must be reduced to a zero tariff level, and 3）all other duties and charges（ODCs）must be bound at zero. There are no exceptions to product coverage, however for sensitive items, it is possible to have an extended implementation period.

In 2000, new talks started on agriculture and services. These have now been incorporated into a broader agenda launched at the fourth WTO Ministerial Conference in Doha, Qatar, in November 2001. As development being at its centre, the work programme, the Doha Development Agenda（DDA）, dds negotiations and other work on non-agricultural tariffs, trade and environment, WTO rules such as anti-dumping and subsidies, investment, competition policy, trade facilitation, transparency in government procurement, intellectual property, and a range of issues raised by developing countries as difficulties they face in implementing the present WTO agreements.

The Doha Development Agenda negotiations are far beyond an easy one, as deadlocks become quite frequent events. In the 9th WTO Ministerial Conference held in Bali, Indonesia,3 -7 December 2013, Bali Ministerial Declaration and the ministerial decisions（Bali Package）were adopted by all WTO members. The package forms part of the Doha Development Round. It consists of ten separate decisions by the Ministerial Conference, covering four areas:Agreement on Trade Facilitation（ATF, an agreement aimed at reducing red-tape and streamline customs）, Agriculture, Cotton, Development and LDC issues.

The Protocol Amending the TRIPS Agreement, adopted by the WTO General Council in 2005, is the first treaty amendment agreed by WTO Members since the WTO Agreement came into force in 1995. It confirms a decision by Members in 2003 to establish the Paragraph 6 System, which provides additional flexibilities so as to facilitate access to medicines under TRIPS. The amendment will be formally built into the TRIPS Agreement when two thirds of the WTO's members have accepted the change. The General Council has extended the acceptance period four times, in 2007, 2009,2011 and 2013. The latest General Council decision extended the deadline to 31 December 2015. Once two thirds of members have formally accepted it, the amendment will take effect in those members and will replace the 2003 waiver for them. For each of the remaining members:the waiver will continue to apply until that member accepts the amendment and it takes effect.

乌拉圭回合谈判，即前面提到的于1986年开始，至1994年结束的GATT第八轮谈判，通过了包括《建立世界贸易组织协议》在内的《最后文件》。

乌拉圭回合的最后结果之一，是做出了一个将世界贸易体（WTO）的机构安排常态化的决定，该机构于1995年1月正式启动。

世界贸易组织（WTO）是多边贸易制度的法制与机构基础。它为政府如何进行构建与实施国内贸易法律法规规定了契约性义务。同时，它也是成员国间通过集体讨论、谈判以及裁决来发展贸易关系的平台。

诸边贸易协定（PTA），与多边贸易协定（MTA）不同的是，此类协定并不要求所有WTO成员参加，但仍属于 WTO 管理下的协定，其中 The International Dairy Agreement 与 The International Bovine Meat Agreement于1997年底终止。

《多哈发展议程》。

被称为“多哈发展议程”的工作计划，将发展作为中心议题，同时将有关非农产品关税、贸易与环境、诸如反倾销与补贴的WTO规则、投资、竞争政策、贸易便利、政府采购的透明化、知识产权等，连同发展中国家所提出的在实施WTO协定中所面临的特殊困难，一并纳入谈判或其他工作安排中。

巴厘成果。