Policy review

Dispute settlement

Services

Goods

It all began with trade in goods. From 1947 to 1994, GATT was the
forum for negotiating lower customs duty rates and other trade barriers;
the text of the General Agreement spelt out important rules, particularly
non-discrimination. ^N

Since 1995, the updated GATT has become the WTO's umbrella agreement for trade in goods. It has annexes dealing with specific sec­tors such as agriculture and textiles, and with specific issues such as state trading, product standards, subsidies and actions taken against dump­ing.

Banks, insurance firms, telecommunications companies, tour op­erators, hotel chains and transport companies looking to do business abroad can now enjoy the same principles of freer and fairer trade that originally only applied to trade in goods.

4.2. ВТО, ее роль в регулировании международной торговли 275

These principles appear in the new General Agreement on Trade in Services (GATS). WTO members have also made individual com­mitments under GATS stating which of their services sectors they are willing to open to foreign competition, and how open those markets are.

Intellectual property

The WTO's intellectual property agreement amounts to rules for trade and investment in ideas and creativity. The rules state how copy­rights, patents, trademarks, geographical names used to identify prod­ucts, industrial designs, integrated circuit layout-designs and undisclosed information such as trade secrets — «intellectual property» — should be protected when trade is involved.

The WTO's procedure for resolving trade quarrels under the Dis­pute Settlement Understanding is vital for enforcing the rules and there­fore for ensuring that trade flows smoothly. Countries bring disputes to the WTO if they think their rights under the agreements are being in­fringed. Judgements by specially-appointed independent experts are based on interpretations of the agreements and individual countries' commitments.

The system encourages countries to settle their differences through consultation. Failing that, they can follow a carefully mapped out, stage-by-stage procedure that includes the possibility of a ruling by a panel of experts, and the chance to appeal the ruling on legal grounds. Confidence in the system is borne out by the number of cases brought to ■the WTO — around 300 cases in eight years compared to the 300 dis­putes dealt with during the entire life of GATT (1947-1994).

The Trade Policy Review Mechanism's purpose is to improve transparency, to create a greater understanding of the policies that coun­tries are adopting, and to assess their impact. Many members also see the reviews as constructive feedback on their policies.

All WTO members must undergo periodic scrutiny, each review containing reports by the country concerned and the WTO Secretariat.

276 Глава 4. Международные организации, регулирующие торговлю стран

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