WTO Structure Highest level Ministerial Conference Second level
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WTO Structure • Highest level: Ministerial Conference • Second level: 1) General Council; 2) Dispute Settlement Body; 3) Trade Policy Review Body • Third level: Specialised Councils • WTO Secretariat
Ministerial Conference Minister-level representatives of all the Members: it was in session only eight times (last session took place in Bali in December 2013). It has the authority to take decisions on all matters under any of the Multilateral Trade Agreements (are they binding without ratification? ).
Ministerial Conference (II) Functions: - appointment of the Director-General (article VI. 2); - decisions on accession (article XII); - interpretative decisions (≠ Panel Reports and Appellate Body Reports); - amendment procedure (article X); - waivers (article IX. 3)
General Council Ambassador-level representatives. It meets every two months. It elects a Chairperson for each year and has adopted its own Rules of Procedure. When the Ministerial Conference is not in session, it exercises full powers. It has its own functions under articles V (relations with other organizations) and VII (budget and financial regulations).
Dispute Settlement Body (DSB) Same composition as the General Council. It manages the dispute settlement system. It has its own Chairperson and its own Rules of Procedure and meets every month. Under the DSU it has the task to examine and approve ad hoc Panels Reports and Appellate Body Reports.
Trade Policy Review Body (TPRB) Same composition as the General Council. It administers the Trade Policy Review Mechanism. Same features as the DSB.
Specialised Councils 1) Council for Trade in Goods; 2) Council for Trade in Services; 3) Council for TRIPs. All the Members are represented in these Councils. They work under the guidance of the General Council, that can assign them specific functions. They can establish subsidiary bodies.
Specialised Councils assist the Ministerial Conference and the General Council in their functions and oversee the functioning of the Multilateral Trade Agreements. Other functions: - Recommendations for interpretative decisions; - Reporting about waivers; - Recommendations for amendment procedure.
Committees Purely consultative functions. They are established under article IV. 7 (Committee on Trade and Development; Committee on Budget, Finance and Administration etc. ) or under Multilateral Trade Agreements (SCM Committee). The General Council established other Committees (Committee on Trade and Environment; Committee on Regional Trade Agreements). Trade Negotiations Committee, established by the Ministerial Conference for the Doha Round.
WTO Secretariat It is headed by a Director-General on a fouryear term. Current Director-General is Mr. Roberto Azevedo (as from 1 st September 2013). The WTO Secretariat is composed by international officials (Art. VI. 4);
WTO Secretariat (II) The appointment procedure begins nine months before the expiry of the term of the D. G. Candidates are nominated by Members. Negotiations about the appointment of the D. G. may be very lengthy. The D. G. is appointed by the Ministerial Conference, that adopts the decision by consensus.
WTO Secretariat (III) Functions: – technical and professional support for the WTO bodies; – technical assistance to developing-country Members; – analysis of trade development in the world; – participation in the accession process of new Members; – administrative support for the dispute settlement system.
Decision-making procedures Normal procedure (Art. IX. 1): – decision by consensus; veto power, which is used mainly by most influential Members; consensus means that there is no major opposition to the decision; see footnote 1 to Art. IX: “The body concerned shall be deemed to have decided by consensus on a matter submitted for its consideration, if no Member, present at the meeting when the decision is taken, formally objects to the proposed decision.
Decision-making procedures (II) In normal procedure, if consensus cannot be reached: – decision by majority voting: one State/one vote; EC has as many votes as its Member States (whose representatives usually attend the meeting but do not speak).
Decision-making procedures (III) Special procedures: – – – decision-making by the DSB: reverse consensus; authoritative interpretations: three fourths majority of the Members; accessions: two thirds majority of the Members, but usually Members seek to reach consensus (Ecuador case in 1995); waivers: three fourths majority of the Members; usually consensus; budget and financial regulations: two third majority of the Members.
