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    June 04

    DOHA: Trade and Investment(3)

    03-3792 
    U
    WT/WGTI/7
    Catalogue record
    Report (2003)of the Working Group on the Relationship between Trade and Investment to the General Council
    Preview (HTML)
    11/07/2003

    UNDERSTANDING THE WTO: CROSS-CUTTING AND NEW ISSUES
    Investment, competition, procurement, simpler procedures

     

    Ministers from WTO member-countries decided at the 1996 Singapore Ministerial Conference to set up three new working groups: on trade and investment, on competition policy, and on transparency in government procurement. They also instructed the WTO Goods Council to look at possible ways of simplifying trade procedures, an issue sometimes known as “trade facilitation”. Because the Singapore conference kicked off work in these four subjects, they are sometimes called the “Singapore issues”.

     

    These four subjects were originally included on the Doha Development Agenda. The carefully-negotiated mandate was for negotiations to start after the 2003 Cancún Ministerial Conference,  “on the basis of a decision to be taken, by explicit consensus, at that session on modalities of negotiations”. There was no consensus, and the members agreed on 1 August 2004 to proceed with negotiations in only one subject, trade facilitation. The other three were dropped from the Doha agenda.

     

    DOHA:Trade and Investment(2)

    The three areas of work on trade and investment in the WTO

    1. Working Group on the relationship between trade and investment. back to top

    The Working Group on the Relationship between Trade and Investment was established during the 1996 Ministerial Conference in Singapore to examine the relationship between trade and investment. There is no negotiation of new rules or commitments.
      

    The mandate of the Working Group

    The Declaration of the 1996 Ministerial Conference in Singapore  
    See decision item 20

      
    Checklist of issues suggested for study by the Working Group (document code WT/WGTI/2) — see annex 1 of this document.

      
    Decision of the General Council on the work of the Working Group (document code WT/WGTI/2) — see paragraphs 226 - 227 of this document.
      

    2. Agreement on Trade-Related Investment Measures (TRIMs) back to top

    This Agreement, negotiated during the Uruguay Round, applies only to measures that affect trade in goods. Recognizing that certain investment measures can have trade-restrictive and distorting effects, it states that no Member shall apply a measure that is prohibited by the provisions of GATT Article III (national treatment) or Article XI (quantitative restrictions). Examples of inconsistent measures, as spelled out in the Annex's Illustrative List, include local content or trade balancing requirements. The Agreement contains transitional arrangements allowing Members to maintain notified TRIMs for a limited time following the entry into force of the WTO (two years in the case of developed country Members, five years for developing country Members, and seven years for least-developed country Members). The Agreement also establishes a Committee on TRIMs to monitor the operation and implementation of these commitments

    The mandate for work on TRIMs

    The Doha mandate: Trade-Related Investment Measures (TRIMs) in the 2001 ministerial decision on implementation

      

      
    Summary of the TRIMs Agreement

      
    Browse or download the text of the “TRIMs agreement” from the
    legal texts gateway

     

    Find decisions of WTO bodies concerning the TRIMs Agreement in the Analytical Index — Guide to WTO Law and Practice

     

    3. Trade and Investment in the context of the GATS back to top

    The mandate

    Overview of the GATS and rules for growth and investment
    Links to the section on GATS and rules for growth and investment section of the WTO Guide “Understanding the WTO”.

    Summary of the GATS

    Download the legal text of the GATS in pdf format.

    Work on investment and the GATS

    See the Services section of the WTO website for information on work within the WTO on investment and the general agreement for trade in services (GATS

    DOHA: Trade and Investment(1)

    Trade and Investment 

    There are three main areas of work in the WTO on trade and investment:

    ·         A Working Group established in 1996 conducts analytical work on the relationship between trade and investment. (1996129-13日,新加坡部长会议。成立了贸易与投资关系工作组,开始就贸易与投资的关系进行讨论和研究)

    ·         The Agreement on Trade-Related Investment Measures (“TRIMs Agreement”), one of the Multilateral Agreements on Trade in Goods, prohibits trade-related investment measures, such as local content requirements, that are inconsistent with basic provisions of GATT 1994. 贸易有关的投资措施

    ·         The General Agreement on Trade in Services addresses foreign investment in services as one of four modes of supply of services.GATS对服务贸易四种方式之一的商业存在这种投资形式进行了规范)

    News back to top

    ·         1 Aug 04: Round-the-clock meetings produce ‘historic’ breakthrough
    news item    > the July 2004 package

    ·         WT/L/579
    2 August 2004
    Decision Adopted by the General Council on 1 August 2004

    ·         Relationship between Trade and Investment, Interaction between Trade and Competition Policy and Transparency in Government Procurement: the Council agrees that these issues, mentioned in the Doha Ministerial Declaration in paragraphs 20-22, 23-25 and 26 respectively, will not form part of the Work Programme set out in that Declaration and therefore no work towards negotiations on any of these issues will take place within the WTO during the Doha Round.
      

    ·         16-18 Sep 02: formal meeting of the Working Group on the relationship between trade and investment 
    At its third formal meeting since the Doha Ministerial Conference the Working Group completed its review of the seven issues set out for further clarification in
    paragraph 22 of the Doha Ministerial Declaration. Altogether some 39 written contributions
    (document codes WT/WGTI/W108 to WT/WGTI/W147 — open in a new window) were presented and discussed — including nine by the Secretariat. 

    Managing the Challenges of WTO Participation: 45 Case Studies

     

    Forty-five case studies from economies around the world, each of which illustrates how governments, business and civil society manage their country’s participation in the WTO.This publication was made possible with funding from the Australian Agency for International Development (AusAID).

    This compilation of forty-five case studies documents disparate experiences among economies in addressing the challenges of participating in the WTO. It demonstrates that success or failure is strongly influenced by how governments and private-sector stakeholders organize themselves at home. The contributors, mainly from developing countries, give examples of participation with lessons for others. They show that when the system is accessed and employed effectively, it can serve the interests of poor and rich countries alike. However, a failure to communicate among interested parties at home often contributes to negative outcomes on the international front. Above all, these case studies demonstrate that the WTO creates a framework within which sovereign decision-making can unleash important opportunities or undermine the potential benefits flowing from a rules-based international environment that promotes open trade.
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    WTO makes public all official GATT documents

    The WTO has decided to make public all official documents issued under the General Agreement on Tariffs and Trade (GATT) during the period 1947-1995. “Providing access to these historic documents is a further sign of the WTO's commitment to transparency. This will be especially important for academics, trade specialists and others with an interest in how the trading system evolved in the GATT era, from 1947 to 1995”, said WTO Director-General Pascal Lamy.
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    IF THE DOCUMENTS ARE REALLY AVAILABLE, IT WOULD BE GREAT!