Critical Analysis of World Trade Organization Decisions

Running head: WORLD TRADE LAW
WORLD TRADE LAW
Name of the Student:
Name of the University:
Author Note:

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WORLD TRADE LAW
In the present assignment, a critical analysis of the existing decisions of the World Trade
Organization1 or WTO and the Appellate Body to expand the policy space for the WTO which
means World Trade Organization members to pursue industrial policies under the WTO which
means World Trade Organization law is done. It also discussed how such policy space could be
expanded more through the decisions made by WTO which means World Trade Organization,
panel and Appellate Body.
WTO the full form of which is “World Trade Organization” is an “intergovernmental
organization”. International Trade is regulated by this organization.WTO which means “World
Trade Organization” officially started its journey from 1stJanuary in the year 1995 by
the “Marrakesh Agreement”2. This “Marrakesh Agreement” was signed by one hundred and
twenty three nations on 15 April in the year 1994.WTO which means World Trade Organization
replaced GATT which means “General Agreement on Tariffs and Trade”. GATT which means
“General Agreement on Tariffs and Trade” started its journey in the year1948.3WTO which
means “World Trade Organization” regulates international trade between its member nations.
International Trade is regulated by the way of providing the specific framework which negotiates
international trade. It also regulates process for the resolution of dispute. It aims to enforce its
member nations to abide by WTO which means “World Trade Organization” rules. It is then
1World Trade Organization.
2“Marrakesh Agreement”
3 Hoda, Anwarul. Tariff Negotiations and Renegotiations under the GATT and the WTO: Procedures and Practices.
Cambridge University Press, 2018.

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WORLD TRADE LAW
signed by the governmental representatives of the member nations. Next it needs to be ratified by
the parliaments of those member nations. WTO which means “World Trade Organization”
focuses upon the issues which are derived from any trade negotiations which had occurred in the
past especially on the basis of the Uruguay Round4 between the year1986 to the year 1994.
The predecessor of World Trade Organization is GATT which means the “General
Agreement on Tariffs and Trade”. GATT which means the “General Agreement on Tariffs and
Trade” was established by the end of the Second World War during the starting of many other
new “multilateral institutions”. The GATT which means the “General Agreement on Tariffs and
Trade” was the one and only “multilateral instrument” which was governing the international
trade since the year 1946 until WTO or World Trade Organization which came into being on 1
January in the year 1995. In spite of making attempts during the middle of the year 1950s to
1960s for creating an institution for institutional the international trade, the GATT which means
the “General Agreement on Tariffs and Trade” continued its work for nearly half of the century
as the “semi-institutionalized multilateral treaty”. It used to work on provisional basis. During
the end of the Second World War international institution for trade came into being. WTO which
means “World Trade Organization” can be compared to that organization. The name of that
organization is the “International Trade Organization” successfully originated. The ITO which
means “International Trade Organization” was not been approved by the United States along
with some of the other member nations which signed the agreement, and therefore it never came
into effect.At present WTO which means “World Trade Organisation” rules are being codified
into three agreements. They are “The General Agreement on Tariffs and Trade” which is
commonly known as GATT, which covers the international trade of goods. The second one is
4Uruguay Round

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WORLD TRADE LAW
“The General Agreement on Trade in Services” which is commonly known as GATS. The third
one is an Agreement which is related to “Trade-Related Aspects of Intellectual Property Rights”
or TRIPS. GATS which means “The General Agreement on Trade in Services”5and TRIPS6
which means “Trade-Related Aspects of Intellectual Property Rights”7 both came being in the
year1995.
The main goal of the agreements stated above are to make an environment where trade is
free. Most important rules of WTO which means “World Trade Organisation” are hereby stated.
Firstly, to rein with regards to anti-import tariffs.
Secondly, to make customs procedures less complex thereby making trade an easy task
Thirdly, to discourage the use of domestic laws along with taxes which can be
categorised as protection.
Fourthly, to reduce the charges relating to quotas as well as subsidies.
The assignment firstly presents the general ideas on how the WTO which means “World
Trade Organisation” dispute settlement can affect the policy space available to WTO which
means “World Trade Organisation” members to adopt measures related to industrial policy.
Secondly, two cases where the Appellate Body interpreted certain WTO which means “World
5“The General Agreement on Trade in Services”
6 Zhuang, Wei. Intellectual property rights and climate change: interpreting the TRIPS Agreement for
environmentally sound technologies. Cambridge University Press, 2017.
7TRIPS or “Trade-Related Aspects of Intellectual Property Rights”