°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ ANALYTICAL INDEX: MARRAKESH AGREEMENT
Marrakesh Agreement Establishing the World Trade Organization
The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Secretariat in Geneva.
Also in this section:
- Preamble
- Article I
- Article II
- Article III
- Article IV
- Article V
- Article VI
- Article VII
- Article VIII
- Article IX
- Article X
- Article XI
- Article XII
- Article XIII
- Article XIV
- Article XV
- Article XVI
- Explanatory Notes
- Ministerial Decisions and Declarations Regarding the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ as an International Organization
- Tables
Table of contents
A. Text of the Preamble
B. Interpretation and application of the Preamble
1. Legal relevance of the Preamble
(a) First recital: environmental context
(b) Second recital: developing countries and trade
(ii) “c´Ç³¾³¾±ð²Ô²õ³Ü°ù²¹³Ù±ð”
(c) Third recital: “reciprocal and mutually advantageous arrangements”
(d) Fourth recital: “an integrated … multilateral trading system”
2. Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
(a) GATT 1994
(i) Article XX(g)
(ii) Article XXIV
(b) SCM Agreement
A. Text of
Article I
B. Interpretation and
application of Article I
A. Text of
Article II
B. Interpretation and
application of Article II
1. Article II:2
(a) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ agreements as part of a single undertaking
(b) Common context
(c) Coexistence
2. Article II:4
A. Text of Article
III
B. Interpretation and Application of Article III
(a) “implementation, administration and operation … of the Multilateral Trade Agreements”
(i) General
(ii) Circulation and derestriction of documents
(a) “forum for negotiations among its Members”
(ii) E-commerce Work Programme and moratorium on customs duties on electronic transmissions
(iii) Negotiations launched at the Doha Ministerial Conference
(a) “shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes”
(a) “shall administer the Trade Policy Review Mechanism”
5. Article III:5: cooperation with the IMF and the World Bank
(a) “The °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ shall cooperate, as appropriate”
(i) General
(ii) Observer status
(iii) Cooperation agreements do not modify, add to or diminish rights and obligations of Members
(iv) No requirement for °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ panels to consult with IMF
(b) “with a view to achieving greater coherence in global economic policy-making”
(i) General
(ii) Annual reports
A. Text of
Article IV
B. Interpretation and Application of Article IV
2. Article IV:1
(a) “there shall be a Ministerial Conference … which shall meet at least once every two years”
(i) 1996 Singapore Ministerial Conference
(ii) 1998 Geneva Ministerial Conference
(iii) 1999 Seattle Ministerial Conference
(iv) 2001 Doha Ministerial Conference
(v) 2003 Cancún Ministerial Conference
(vi) 2005 Hong Kong Ministerial Conference
(vii) 2009 Geneva Ministerial Conference
(viii) 2011 Geneva Ministerial Conference
(b) “The Ministerial Conference shall carry out the functions of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ”
(i) Powers of the Ministerial Conference
(ii) Powers under other Agreements
(iii) Working parties
3. Article IV:2
(a) “there shall be a General Council”
(b) “The General Council shall also carry out the functions assigned to it by this Agreement”
(c) “the General Council shall establish its rules of procedure”
(d) “the General Council shall … approve the rules of procedure for the committees … ”
(e) Procedures for reporting to and by the General Council
(a) General
(b) “The DSB … shall establish such rules of procedure”
(c) Special Session of the Dispute Settlement Body
(a) Country reviews
(b) “the Trade Policy Review Body shall …establish such rules of procedure”
6. Article IV:5
(a) “Council for Trade in Goods”
(i) Functions
(ii) Rules of procedure
(b) “Council for Trade in Services”
(i) Functions
(ii) Rules of procedure
(c) “The Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS)”
(i) Functions
(ii) Rules of procedure
(d) The Councils “shall operate under the general guidance of the General Council”
7. Article IV:6
(a) “the [Council for Trade in Goods] … shall establish subsidiary bodies”
(c) “the [Council for Trade in Services] … shall establish subsidiary bodies as required”
(d) “the [TRIPS Council] shall establish subsidiary bodies as required”
8. Article IV:7: Committees established by the Ministerial Conference or General Council
(a) Committee on Trade and Development
(i) Establishment and terms of reference
(ii) Rules of procedure and observer status
(iii) Reporting
(iv) Activities
(v) Reference to GATT practice
(b) Committee on Balance-of-Payments Restrictions
(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting
(iv) Activities
(c) Committee on Budget, Finance and Administration
(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting
(iv) Activities
(d) Committee on Market Access
(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting
(iv) Activities
(e) Committee on Trade and Environment
(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting
(iv) Activities
(f) Committee on Regional Trade Agreements
(i) Establishment and terms of reference
(ii) Rules of procedure
(iii) Reporting
(iv) Activities
(g) Trade Negotiations Committee (TNC)
9. Article IV:8
(a) Bodies provided for under Plurilateral Trade Agreements
(i) Committee on Government Procurement
(ii) Committee on Trade in Civil Aircraft
(iii) International Dairy Council and International Meat Council
A. Text of Article V
B. Interpretation and Application of Article V
1. Article V:1
(b) Observer status
2. Article V:2
(a) “may make appropriate arrangements … with non-governmental organizations”
(i) Guidelines for Arrangements on Relations with Non-Governmental Organizations
(ii) Procedure to provide observer capacity
A. Text of Article VI
B. Interpretation and Application of Article VI
1. Article VI:1
(a) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Secretariat
2. Article VI:2
(a) “the Ministerial Conference shall appoint the Director-General”
3. Article VI:3
(a) “duties and conditions of service” of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Secretariat
(i) Staff Regulations and Rules
(ii) °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Pension Plan
4. Article VI:4: responsibilities and conduct of Director-General and Secretariat staff
A. Text of Article VII
B. Interpretation and Application of Article VII
(b) “the Committee on Budget, Finance & Administration shall … make recommendations”
(a) “Committee on Budget, Finance and Administration shall propose … financial regulations”
(b) “provisions setting out the scale of contributions”
(c) “measures to be taken in respect of Members in arrears”
(d) Doha Development Agenda Global Trust Fund
(a) “The General Council shall adopt the financial regulations and the annual budget estimate”
A. Text of Article VIII
B. Interpretation and Application of Article VIII
1. Article VIII:1, VIII:2 and VIII:3
(a) General
A. Text of Article IX
B. Interpretation and Application of Article IX
1. Article IX:1
(a) “The °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ shall continue the practice of decision-making by consensus”
2. Article IX:2
3. Article IX:3 and IX:4: Waivers
(a) Decision-making procedures for granting a waiver in the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ
(b) Waivers of obligations under the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
(c) Waivers originally granted under the GATT 1947
(i) Exceptional nature of waivers
(ii) Waivers cannot modify or add to obligations
(iii) Limited duration of waivers
A. Text of Article X
B. Interpretation and Application of Article X
1. Article X:1
(a) “Amendments to this Agreement or the Multilateral Trade Agreements in Annex 1”
2. Article X:3
3. Article X:9
(a) Additions to Plurilateral Trade Agreements
(b) Deletions of Plurilateral Trade Agreements
4. Article X:10
(a) “Amendments to a Plurilateral Agreement shall be governed by the provisions of that Agreement”
A. Text of Article XI
B. Interpretation and Application of Article XI
1. General
(a) Members
(b) Observers
2. Article XI:1
(a) “The contracting parties to GATT 1947 … shall become original Members of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ”
(b) Special cases regarding acceptance and accession in 1994–96
A. Text of Article XII
B. Interpretation and Application of Article XII
(a) “Any State or separate customs territory … may accede to this Agreement”
(b) Working parties on accession
(i) Establishment, terms of reference and customary procedures
(ii) Continuation of GATT 1947 accession working parties
(iii) Completed accession processe
(iv) Ongoing accession processes
(c) Accession decisions adopted by the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ
(d) Observer status for applicants for accession
(e) Accession by least-developed countries
(f) Nature of commitments in accession protocols
(a) Decision-making procedures on accession
3. Article XII:3: Acceptance of or accession to a Plurilateral Trade Agreement
(a) Agreement on Government Procurement
(b) Other Plurilateral Trade Agreements
A. Text of Article XIII
B. Interpretation and Application of Article XIII
A. Text of Article XIV
B. Interpretation and Application of Article
XIV
1. Transition from GATT 1947 to the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ
(a) Date of entry into force of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement
(b) “unless the Ministers decide otherwise”
(a) Notifications of acceptance of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreement
(b) Depositary functions of the Director-General of the GATT 1947
(a) Acceptance and entry into force of the Plurilateral Trade Agreements
(i) Agreement on Government Procurement
(ii) Agreement on Civil Aircraft
(iii) International Dairy Agreement and International Bovine Meat Agreement
A. Text of Article XV
B. Interpretation and Application of Article XV
1. Article XV:1
(a) “Any member may withdraw from this Agreement”
2. Article XV:2
(a) “Withdrawal from a Plurilateral Trade Agreement”
A. Text of Article XVI
B. Interpretation and Application of Article XVI
(b) Status of actions or instruments as “decisions, procedures or customary practices”
(iii) GATT 1947 Council decisions
(vi) Panel findings that are not appealed
(c) Relationship between Article XVI:1 and Paragraph 1(b) of GATT 1994 incorporation clause
(i) Legislation, regulations and tariff schedules
(ii) Judicial decisions
(iii) Suspension of concessions authorized under DSU Article 22
(a) “Reservations in respect of any of the provisions of the Multilateral Trade Agreements”
(b) “Reservations in respect of a provision of a Plurilateral Trade Agreement”
(a) Registration of the Agreement
XVIII. Explanatory Notes
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A. Text of Explanatory Notes
B. Interpretation and Application of the Explanatory Notes
XIX. Ministerial Decisions and Declarations Regarding the
°ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ as an
International Organization back to top
A. Decisions Taken at the Marrakesh Ministerial Meeting of 15 April 1994
(b) Interpretation and Application of the Declaration
2. Declaration on the Relationship of the World Trade Organization with the International Monetary Fund
(b) Interpretation and Application of the Declaration
(b) Interpretation and Application of the Decision
4. Decision on Measures in Favour of Least-Developed Countries
(b) Interpretation and Application of the Decision
B. First Ministerial Meeting, Singapore, 1996
1. Singapore Ministerial Declaration
2. Ministerial Declaration on Trade in Information Technology Products
C. Second Ministerial Meeting, Geneva, 1998
2. Declaration on Global Electronic Commerce
D. Fourth Ministerial Meeting, Doha, 2001
2. Declaration on the TRIPS Agreement and Public Health
3. Decision on Implementation-Related Issues and Concerns
5. EC–ACP Partnership Agreement
6. EC — Transitional Regime for the EC Autonomous Tariff Rate Quotas on Imports of Bananas
E. Follow-up to Fifth Ministerial Meeting — General Council
Decision, 2004
F. Sixth Ministerial Meeting — Hong Kong, 2005
G. Seventh Ministerial Meeting — Geneva, 2009
1. Decision on the Work Programme on E-commerce
2. Decision on TRIPS Non-Violation and Situation Complaints
A. Table of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ
Members as of 30 September 2011
B. Observer Governments as of 30 September 2011
C. Table of
Accessions under Article XII of the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ
Agreement as of
30 September 2011
D. Table of °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Waivers Granted
E. Table of Waivers Granted under Article XXV:5 of the
GATT 1947 and in Force
as of 1 January 1995