Membership (I)

Membership (currently 160 Members): who can be a Member?

- States;

- separate customs territory (Macao, Hong Kong, Chinese Taipei)

- European Union.

Different categories of Members.

Membership (II)

A) Original Members (Art. XI): the Contracting Parties to GATT 1947 on 1st January 1995 (122); original membership was not automatic but it could be accepted until March 1997 (only Yugoslavia didn’t accept)

Membership (III)

The European Communities are original Member, too: the EC concluded the WTO agreement as a mixed agreement, which was ratified also by the Member States, because it was partly outside the competence of the European Communities.

Membership (IV)

B) Acceded Members (Art. XII): WTO agreement is an open multilateral treaty.

An application for accession is needed: the candidate State will have to accept the terms of the WTO Agreement and of the Multilateral Trade Agreements and to make market access commitments and concessions.

Membership (V)

Lengthy negotiations:

- the shortest negotiation: Kyrgyz Republic, 2 years and 10 months;

- accession of Algeria is being negotiated since 1987;

- the negotiations for accession of China lasted 15 years;

- negotiations with Russia lasted 18 years.

Membership (VI)

Accession process:– report and examination of candidates’ trade

and economic policies;– negotiation about market access

commitments and concessions;– drafting of protocol of accession and

schedules of market access commitments and concessions;

– decision of the Ministerial Conference (or General Council) about accession.

Withdrawal

“Any Member may withdraw from this Agreement. Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Director-General of the WTO” (Art. XV).

Expulsion

The WTO Agreement does not provide for expulsion in case of serious breaches of the WTO agreements or gross violations of human rights or acts of aggression.

UN sanctions may have effects on trade.

Amendment procedure

1) Amendment proposal by one Member or a specialised Council;

2) decision adopted by the Ministerial Conference or the General Council by consensus or by two thirds majority;

3) ratification by the Members.

Only one amendment so far: art. 31-bis was added to the TRIPS Agreement.

Amendment (II)

Amendments take effect:1) in the cases provided for by Art. X.2: upon acceptance

by all Members;“Amendments to the provisions of this Article andto the provisions of the following Articles shall take effectonly upon acceptance by all Members:• Article IX of this Agreement;• Articles I and II of GATT 1994; • Article II:1 of GATS; • Article 4 of the Agreement on TRIPS”.

Amendment (III)

2) in other cases and if they can alter the rights and obligations of the Members only in respect of those Members that have accepted it upon acceptance by two thirds.

If the Ministerial Conference so decides by three fourths majority, Members that haven’t accepted the amendment shall be free to withdraw from the WTO or to remain Members with the consent of the Ministerial Conference;

Amendment (IV)

3) in other cases and if they don’t alter the rights and obligations of the Members for all Members upon acceptance by two thirds of the Members.

Amendment (V)

Special rules for GATS and TRIPS;

DSU decision by consensus; the amendments will take effect for all Members upon approval by the Ministerial Conference;

TPRM the amendments will take effect for all Members upon approval by the Ministerial Conference.