World Trade Organization

The World Trade Organization is the most powerful legislative and judicial body in the world. By promoting the "free trade" agenda of multinational corporations above the interests of local communities, working families, and the environment, the WTO has systematically undermined democracy around the world.

In the ten years of its existence, WTO panels composed of corporate attorneys have ruled that: the US law protecting sea turtles was a barrier to "free trade"; that US clean air standards and laws protecting dolphins are too; that the European Union law banning hormone-treated beef is illegal. According to the WTO, our democratically elected public officials no longer have the rights to protect the environment and public health.

Unlike United Nations treaties, the International Labor Organization conventions, or multilateral environmental agreements, WTO rules can be enforced through sanctions. This gives the WTO more power than any other international body. The WTO's authority even eclipses national governments.

In November 1999, 50,000 people went to Seattle to challenge this corporate agenda and to demand a more democratic, socially just and environmentally sustainable global economy. The protests succeeded in shutting down the trade talks and derailing the expansion of the WTO.

The fourth ministerial took place in 2001 in Qatar, a country where free-speech rights are effectively nonexistent. Behind closed doors and out of the civil-society and media spotlight, hard pressure was applied. Empty promises were made that this round of negotiations would focus on development and the needs of the poorest countries—an implicit acknowledgment of the unfairness of the current system. The US and the EU thus succeeded in launching the so-called Doha Development Round, a misnomer of epic proportions.

In 2003 the process moved to Cancún, Mexico, where the rich countries sought to expand the scope of the WTO. But a remarkable new alliance of developing countries argued that the unfair global agricultural system had to be cleaned up first, before new issues could come onto the table. The tragic suicide of Korean farmer Lee Kyung Hae brought the collective rage of the outside civil-society mobilization inside the closed gates of the negotiating halls. Most important, an alliance of the poorest countries stood their ground. The talks fell apart on the last day.

Then, in the summer of 2004, the most powerful countries cobbled together a minimal consensus to get the negotiations back on track by giving false assurances that agriculture would be fairly reformed.

The WTO held its next ministerial in 2005, in Hong Kong, China. Though mired in controversy, negotiations continued on key issues including agriculture, services, and market access for industrial goods and natural resources.

Is it a bird, is it a plane?

There are a number of ways of looking at the WTO. It’s an organization for liberalizing trade. It’s a forum for governments to negotiate trade agreements. It’s a place for them to settle trade disputes. It operates a system of trade rules. (But it’s not Superman, just in case anyone thought it could solve — or cause — all the world’s problems!)

Above all, it’s a negotiating forum …      Essentially, the WTO is a place where member governments go, to try to sort out the trade problems they face with each other. The first step is to talk. The WTO was born out of negotiations, and everything the WTO does is the result of negotiations. The bulk of the WTO's current work comes from the 1986-94 negotiations called the Uruguay Round and earlier negotiations under the General Agreement on Tariffs and Trade (GATT). The WTO is currently the host to new negotiations, under the “Doha Development Agenda” launched in 2001.

Where countries have faced trade barriers and wanted them lowered, the negotiations have helped to liberalize trade. But the WTO is not just about liberalizing trade, and in some circumstances its rules support maintaining trade barriers — for example to protect consumers or prevent the spread of disease.

It’s a set of rules …      At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations. These documents provide the legal ground-rules for international commerce. They are essentially contracts, binding governments to keep their trade policies within agreed limits. Although negotiated and signed by governments, the goal is to help producers of goods and services, exporters, and importers conduct their business, while allowing governments to meet social and environmental objectives.

The system’s overriding purpose is to help trade flow as freely as possible — so long as there are no undesirable side-effects — because this is important for economic development and well-being. That partly means removing obstacles. It also means ensuring that individuals, companies and governments know what the trade rules are around the world, and giving them the confidence that there will be no sudden changes of policy. In other words, the rules have to be “transparent” and predictable.

And it helps to settle disputes …      This is a third important side to the WTO’s work. Trade relations often involve conflicting interests. Agreements, including those painstakingly negotiated in the WTO system, often need interpreting. The most harmonious way to settle these differences is through some neutral procedure based on an agreed legal foundation. That is the purpose behind the dispute settlement process written into the WTO agreements.

 

Born in 1995, but not so young

The WTO began life on 1 January 1995, but its trading system is half a century older. Since 1948, the General Agreement on Tariffs and Trade (GATT) had provided the rules for the system. (The second WTO ministerial meeting, held in Geneva in May 1998, included a celebration of the 50th anniversary of the system.)

It did not take long for the General Agreement to give birth to an unofficial, de facto international organization, also known informally as GATT. Over the years GATT evolved through several rounds of negotiations.

The last and largest GATT round, was the Uruguay Round which lasted from 1986 to 1994 and led to the WTO’s creation. Whereas GATT had mainly dealt with trade in goods, the WTO and its agreements now cover trade in services, and in traded inventions, creations and designs (intellectual property).