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FUNCTIONS OF WORLD TRADE ORGANISATION

The WTO shall facilitate the implementation, administration and operation,and further the

objectives of this agreement and of the Multilateral Trade Agreements and shall also provide

the framework for the implementation, administration and operation of the Plurilateral Trade

Agreements.

The WTO shall provide the forum for negotiations among its members concerning their

multilateral trade relations in matters dealt with under the agreements of GATT. The WTO may

also provide a forum for further negotiations among its Members concerning their Multilateral

trade relations, and a framework for the implementation of the results of such negotiations, as

may be decided by the Ministerial Conference.

The WTO shall administer the understanding on Rules and Procedures Governing the Settlement

of Disputes.

The WTO shall administer the Trade Policy Review Mechanism (TPRM).

The WTO shall co-operate as appropriate, with the International Monetary Fund (IMF) and the

International Bank for Reconstruction and Development (IBRD) and its affiliated agencies to

achieve greater coherence in global economic policy-making.

STRUCTURE OF WORLD TRADE ORGANISATION

The Ministerial Conference:

There shall be a Ministerial Conference composed of representatives of all the Members, which

shall meet atleast once every two years. It shall carry out the functions of the WTO and take

actions necessary to this effect.

It shall have the authority to take decisions on all matters under any of the Multilateral Trade

Agreements, if so requested by a Member, in accordance with the specific requirements for

decision- making in this Agreement of WTO and in the relevant Multilateral Trade Agreements.

The General Council:

There shall be a General Council composed of representatives of all the Members, which shall

meet as appropriate. In the intervals between meetings of the Ministerial Conference, its

functions shall be conducted by the General Council. The General Council shall also carry out the

functions assigned to it by this agreement.

The Dispute settlement Body:

The General Council shall convene as appropriate to discharge the responsibilities of the Dispute

Settlement Body provided for in the Dispute Settlement Understanding. The Dispute Settlement

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Body may have its own chairman and shall establish such rules of procedure as it deems

necessary for the fulfilment of those responsibilities.

The Trade Policy Review Body:

The General Council shall convene as appropriate to discharge the responsibiliti es of the Trade

Policy Review Body provided for in the TPRM. The Trade Policy Review Body may have its own

chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of

those responsibilities.

The Council for Trade in Goods, The Council for Trade in services and The Council for Trade-Related

Aspects of Intellectual Property Rights (Council for TRIPS):

They shall operate under the general guidance of the General Council. These Councils shall carry

out the functions assigned to them by their respective agreements and by the General Council.

They shall establish their respective rules of procedure subject to the approval of the General

Council. Membership in these Councils shall be open to representatives of all Members. These

Councils shall meet as necessary to carry out their functions

Subsidiary Bodies:

The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall

establish subsidiary bodies as required. These subsidiary bodies shall establish their respective

rules of procedure subject to the approval of their respective Councils.

The committee on Trade and Development, The Committee on Balance of Payments Restrictions

and The Committee on Budget, Finance and Administration:

The Ministerial Conference shall establish these Committees which shall carry out the functions

assigned to them by the Agreement and by the Multilateral Trade Agreements, and any

additional functions assigned to them by the General Council, and may establish such additional

Committees with such functions as it may deem appropriate.

As part of its functions, the Committee on Trade and Development shall periodically review the

special provisions in the Multilateral trade Agreements in favour of the Least-developed country

Members and report to the General Council for appropriate action. Membership to these

Committees shall be open to representatives of all Members.

Bodies provided for under the Plurilateral Trade Agreements:

They shall carry out the functions assigned to them under those agreements and shall operate

within the institutional framework of the WTO. These bodies shall keep the General Council

informed of their activities on a regular basis.

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STATUS OF THE WORLD TRADE ORGANISATION

The WTO shall have legal personality, and shall be accorded by each of its Members such legal

capacity as may be necessary for the exercise of its functions.

The WTO shall be accorded by each of its Members such privileges and immunities as are

necessary for the exercise of its functions.

The officials of the WTO and the representatives of the Members shall similarly be accorded by

each of its Members such privileges and immunities as are necessary for the independent

exercise of their functions in connection with the WTO.

The privileges and immunities to be accorded by a Member to the WTO its officials, and the

representatives of its Members shall be similar to the privileges and immunities stipulated in

the Convention on the Privileges and Immunities of the Specialised Agencies, approved by the

General Assembly of the United Nations on 21 November,1947.

The WTO may conclude a headquarters agreement.

DISPUTE SETTELMENT IN WORLD

TRADE ORGANISATION

A dispute arises when a member government believes another member government is violating

an agreement or a commitment that it has made in the WTO.

The Dispute Settlement Body (DSB) of the World Trade Organisation (WTO) makes decisions on

trade disputes between governments that are adjudicated by the Organization.

Other then the dispute settelment body ,WTO contains independent and quasi -judicial

institutions that are the Panels, the Appellate Body and Arbitrators

Dispute Settlement Body (DSB) –(article 2 of the DSU)

Comprises a chairman (head of the permanent mission of one of the Member countries

appointed by consensus among the Members of WTO) and representatives of all WTO Members

(government representatives, usually diplomats who belong to ministries of trade or foreign

affairs).

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In their capacity as government officials, the representatives receive instructions from their

governments on the positions they must adopt and the statements they must make within the

DSB, hence the latter is considered a political body.

The DSB is responsible for the application of the DSU, in other words it oversees the entire

dispute settlement procedure. It has the authority to set up panels, adopt panel and Appellate

Body reports, monitor the application of recommendations and authorize retaliatory measures

when a Member fails to comply with rulings.

The DSB usually meets once a month, and the Director-General may convene extraordinary

meetings at the request of Members. The staff of the WTO Secretariat provide administrative

support to the DSB.

As a general rule, the DSB makes decisions by consensus. However, when the DSB sets up

panels, adopts reports or authorizes retaliation, the decision is automatically considered to be

adopted, unless there is a consensus to the contrary (a negative consensus).

Director-General and Secretariat of WTO:

The Director-General of WTO participates in the Dispute Settlement Body (DSB) in the following ways:

The Director-General may, acting in an ex officio capacity, offer good offices, conciliation or

mediation with the view to assisting Members to settle a dispute (article 5.6 of the

Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)), especially

in cases involving a less developed country.

If there is no agreement on the panelists, at the request of either party, the Director-General, in

consultation with the Chairman of the DSB and the Chairman of the relevant Council or

Committee, shall convene DSB meetings and determine the composition of the panel (article

8.7).

The Director-General appoints an Arbitrator to determine a reasonable period of time if the

parties are unable to agree on a period of time or the appointment of an Arbi trator (article 21.3

c).

The Director-General shall examine proposed retaliatory measures in cases of non-

implementation (article 22.6).

Within the Dispute Settlement Body (DSB), the Secretariat can act in the following ways (article

27).

Reports to the Director-General; provides assistance in respect of dispute settlement to

Members at their request; organizes special training courses and provides additional legal

advice and assistance to developing country Members; provides assistance to parties in the

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formation of panels; and helps established panels and provides administrative support to the

DSB.

Panels - articles 6, 7 and 8 of the DSU:

Panels are quasi-judicial bodies responsible for settling differences between Members in the

first instance.

They comprise three, and in exceptional cases five, experts specially selected for each case

(there is no permanent panel, but rather a different one is set up for each case). WTO Members

regularly put forward names to be included in the list kept by the Secretariat.

People appointed to a panel provide their services independently, in an individual capacity, and

not as a representative of any government or organization.

Appellate Body - article 17 of the DSU:

Unlike the panels, the Appellate Body is a standing body made up of seven members appointed

by the DSB by consensus and for a period of four years, with a maximum of two terms.

The Appellate Body examines the legal aspects of panel reports (rather than studying evidence

or facts), and represents the second and final instance of the legal process.

Arbitrators - article 25 of the DSU:

Arbitration is an alternative means of dispute settlement to panels and the Appellate Body.

Arbitrators can thus be called on to resolve certain issues at various stages of the dispute

settlement process (when there is no agreement on determining the reasonable period of time

or on the level of retaliation). Arbitral awards are not subject to appeal and may be enforced by

the DSB.

Experts - article 13 and appendix 4 of the DSU:

Panels may seek the opinions of experts in dealing with technical or scientific issues, such as

when the case relates to the Agreement on the Application of Sanitary and Phytosanitary

Measures, Agreement on Technical Barriers to Trade, or the Agreement on Subsidies and

Countervailing Measures.

Groups of experts act under the authority of the panel, and provide the latter with their

opinion. These groups carry out a purely consultative role.

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The final decision on legal issues and fact-finding, based on expert opinion, remains with the

panel.

DISPUTE SETTELMENT PROCEDURE

Main stages involved are:

CONSULTATIONS

PANEL

APPEAL

ADOPTION

IMPLEMENTATION

Pre-litigation stage

Consultations: A filing of a “Request for Consultations” is the official beginning of the dispute

within WTO and brings the Understanding on Rules and Procedures Governing the Settlement of

Disputes (DSU) into play.

Consultations provide parties with the opportunity to debate the issue and find a satisfactory

solution without resorting to litigation. The party complained against must reply to the request

within 10 days after the date of its receipt and shall enter into consultations in good faith within

a period of no more than 30 days after the date of receipt of the request.

If the Member does not comply with this time frame, then the Member that requested the

holding of consultations may proceed directly to the litigation stage and request the

establishment of a panel. If the consultations fail to settle a dispute within 60 days after the date

of receipt of the request for consultations, the complaining party may request the establishment

of a panel (article 4.7).

However, governments are in permanent contact, and agreement may be reached at any stage

of the process (article 4). Along with good offices, conciliation and mediation,

consultations are the main non-judicial or diplomatic instrument in the WTO dispute settlement

system

Litigation stage

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1st stage (panel): If the consultations fail to settle a dispute, the complaining party may request

establishment of a panel by the Dispute Settlement Body (DSB). The panel must be established

within 45 days of the request.

Once established, the panel must produce a report for the DSB within six to nine months.

This report must include an objective assessment of the facts of the case and an examination of

the measures in dispute, using the relevant provisions of the appropriate legal instruments.

2nd stage (optional recourse to the Appellate Body): The Appellate Body examines the legal

aspects of the challenge and may uphold, modify or reverse the legal findings and conclusions of

the panel (article 17.13).

According to the Understanding on Rules and Procedures Governing the Settlement of Disputes

(DSU)

parties may adopt three positions in relation to reports:

Implementation: it is insisted that the party failing to fulfil its obligations comply with the

recommendations of the panel or Appellate Body. When it is impossible to do so immediately,

the DSB may establish a reasonable period of time for implementation.

Payment of compensation: when the offending party exceeds the reasonable period of time

without implementing the recommendations or determinations, the complainant may ask for

compensation. The offending party may also offer compensation.

Retaliatory measures: when the offending party fails to comply with recommendations and

refuses to offer compensation, the affected party may request DSB authorization to introduce

retaliatory measures against the offending country.

In principle, these measures must be applicable in the same sectors in which the panel has

established the existence of an offence.

Only if this were considered impossible could the application of retaliatory measures in other

sectors of the same agreement be authorized.

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IMPACT ON GLOBALISTION GLOBALISATION

The term Globalisation is defined as integration of economies and societies through cross

country flows of information, ideas, technologies, goods, services, capital, finance, people.

In short terms globalization refers to increasing global connectivity, integration and

interdependence in the economic, social, technological, cultural, political, and ecological

spheres.

At present the term globalisation used in limited sense of

economic integration leaving all cultural , Social , political

dimensions.

The economic integration occurs through three channels:

a. Trades in goods and services

b. Movement of capital

c. Flow of finance by influencing market integration effciency and industrial organisation.

• TRADE IN GOODS AND SERVICES:

International trade ensures allocating different resources and that has to be consistent.

We all know from economic point of view that restrictive trade barriers on emerging economies

which impedes growth

Emerging economies can reap the benefits of international trade if only all the resources are

utilized in full potential

This is where the importance of reducing the tariff and non-tariff barriers crop up.

MOVEMENT OF CAPITAL:

The production base of a developing economy gets enhanced

due to capital flows across countries

The mobility of capital only enabled savings for the entire

globe and exhibited high investment potential.

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A country's economic growth doesn't, however, get barred by domestic savings. Foreign capital

inflow play an important role in the development of an economy

Developing countries would definitely prefer foreign direct

investment because portfolio investment doesn't have a direct

impact on the productive capacity expansion.

FINANCIAL FLOW:

The growth in capital and mobility of the foreign exchange

markets enabled better transfer of resources cross borders and

by large the global foreign exchange markets improved.

It is mandatory to go in for the expansion of foreign exchange

markets and thus facilitate international transfer of capital.

Impact of Globalisation on Manufacturing Industry:

• Manufacturing companies, both domestic and global, are expanding their Indian

production capacities and establishing new plants.

• Indian companies are also becoming global, with manufactured goods exports growing in

excess of 20 percent annually in recent years.

• The growth of manufacturing has resulted in India emerging as one of the fastest growing

markets for automation systems, enterprise solutions and integration service providers.

Impact of Globalisation on Employment

An analysis of the impact of globalization on

employment in India will bring out a number of factors .

They are:

a. Market liberalisation policies and employment:

The wake of globalisation which leads to intiation of open market policies.

There was significant rise in the customer base and it slowly gave rise to the consumer

market where the market changes were dependant on the demand supply chain.

b. Growth of new segments in the market :

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In the recent years, a number of industry segments such as information technology, agro

products, personal and beauty care, health care and other sectors have come into the

market.

Experts say that the introduction of a wide range of sectors have led to the favorable

growth of the economy in the country.

c. Improvement in standard of living:

The favorable economic growth has led to the development of infrastructure, health care

facilities and services, per capita income and other factors which have really led to the

high growth rate.

India Tasks and Challenges India seeks to protect its food and livelihood security by having sufficient flexibility for domestic

policy measures.

Protect domestic products from surge in imports

Substantial reduction in expert subsidies and domestic support to agriculture in developed

countries for greater market access

Negotiation on trade in services are crucial to India.

India should not be seen as a spoiler in negotiations

India should give constructive leadership to protect the interests of developing and least

developed countries

India vigorously pursue liberalization of trade in services

CHALLENGES:

The government will have to find a way of addressing anomalous situation of allowing

import of some products which are reserved for production in the small scale sector.

India has to work creatively and make developments in leading edge technologies being

developed all over the world.

India should bring about universal literacy

India needs a very elaborate national science policy which should address area of health.

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India should reach the international standards in the quality of both industrial and

agricultural products

India should properly plan and utilise its cheap and abundant human and natural

resources.

India should open up its economy to foreign investment without the detriment of native

investment

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INDIA TASKS AND CHALLENGES