1. The History of GATT 1947 and Its Rounds of Trade Negotiation
1. GATT 1947的發(fā)展歷史及其貿(mào)易談判回合

WTO的前身是于1948年1月1日依《臨時(shí)適用議定書》生效的《關(guān)貿(mào)總協(xié)定》（GATT 1947），其創(chuàng)始成員有23個(gè)。由于1948年聯(lián)合國貿(mào)易與就業(yè)大會(huì)所通過的《哈瓦拉憲章》未能生效，GATT 1947一直作為唯一的管理全球貿(mào)易的協(xié)定，適用到1995年1月1日WTO協(xié)定生效之日。GATT通過多輪多邊貿(mào)易談判，不斷推進(jìn)國際貿(mào)易的發(fā)展和貿(mào)易規(guī)則的完善，其中烏拉圭回合談判涉及面最廣，談判時(shí)間也最長(zhǎng)，取得的成果也最為豐富，包括正式成立世界貿(mào)易組織（WTO）。GATT協(xié)定經(jīng)過修正與補(bǔ)充，仍為WTO體制下的一個(gè)基本協(xié)定，稱為GATT 1994。

1.1 The Conclusion and Development of GATT

1.1 GATT的締結(jié)與發(fā)展

During World War Ⅱ, Participants in The Bretton Woods Conferencein 1944 recognized a post-War need to reduce trade barriers in order to foster freer trade. The goals for such institutions were as much political as economic-the prevention of war and the establishment of a just system of economic relations. The International Bank for Reconstruction and Development（IBRD, or World Banks）and the International Monetary Fund（IMF）were the resulting institutions of the meeting. However, it was recognized at that time that an international organization to regulate trade was a necessary complement to the IMF and the IBRD. After the second world war, over 50 countries, including the original 23 GATT countries, were working on a draft charter for an international trade organization（ITO Charter）which would have been a specialized agency of the United Nations. The charter was intended to provide not only world trade disciplines but also rules relating to employment, commodity agreements, restrictive business practices, international investment and services. Although the ITO Charter was finally adopted at a UN conference on Trade and Employment in Havana in March 1948, ratification in national legislatures proved impossible in some cases. In 1950, with the United states government announced that it would not seek Congressional ratification of the Havana Charter, which means ITO was dead before being effective.

Alongside the ITO Charter negotiation, tariff negotiations were opened among the 23 founding“contracting parties”in 1946. This first round of negotiationsresulted in 45,000 tariff concessionaffecting $10 billion, about one-fifth of world trade. The value of these concessions was protected by early acceptance of some of the trade rules in the draft ITO Charter. Together-tariff concessions and rules taken from ITO Charter-they became known as the General Agreement on Tariffs and Trade（GATT）and entered into force in January 1948 by a“Protocol of Provisional Application”after eight named governments, among which the US government had used the president's power to make executive agreement, signed the Protocol before November 15,1947. With a number of amendments to it occurred, the GATT has become the only multilateral instrument governing international trade ever since, till the establishment of WTO in 1995.

1.2 The Provisions and Institutions of GATT 1947

1.2 GATT 1947的內(nèi)容與機(jī)構(gòu)設(shè)置

In fact, GATT 1947 has three parts. First and foremost is the General Agreement itself and its 38 articles. Secondly, some associated agreements covering antidumpingand subsidy rules and other non-tariff or sectoral issueadded at later stages, particularly at the end of the Tokyo Round（1973-1979）. Although membership of these agreements is much more limited than for the General Agreement（GATT）-ranging from less than twenty to about forty-the members nevertheless account for the vast majority of world trade in the relevant areas. Finally, the GATT system is completed by the Multi-Fibre Arrangement（MFA）which is a negotiated exception to the normal disciplines of the General Agreement affecting the textiles and clothing sector.

Most countries have a diplomatic mission in Geneva, sometimes headed by a special ambassador to GATT, whose officials attend meetings of the many negotiating and administrative bodies at GATT headquarters. Sometimes expert representatives are sent directly from capitals to put forward their governments'views on specific questions. The most senior body of GATT is the Session of Contracting Parties, usually held annually. Ministerial-level meetings are rare in GATT years, they have been limited to major developments in the Uruguay Round.

Between Sessions, the Council of Representativesis authorized to act on both routine and urgent matters. The Council meets about nine times a year. Its agenda usually contains a variety of items like bilateral trade disputes, new accessions, waivers，and reports of working parties. Major GATT standing committeesexist to administer each of the Tokyo Round agreements; to pursue matters of special interest to developing countries; to look at the situation of countries using trade restrictions to protect their balance-of-payments（BOP）; to administer the Multi-Fibre Arrangement; to handle tariff questions and to look after the GATT budget.

If some special issues appear（such as requests for GATT accession; to verify that agreements concluded by members are in conformity with GATT obligations; or to study issues on which contracting parties may wish later to take a joint decision）, working parties may be set up when necessary. In addition, panels can be established by the council and other bodies to provide judgments on trade disputes.

Reaching decisions by consensus, not by vote, is an obvious feature of GATT decision-making mechanism. On the rare occasions that voting takes place, each contracting party has one vote and a simple majority is required. In the case of waivers-authorization, in particular cases, to depart from specific obligations in the General Agreement-a two-thirds majorityis required, comprising more than half the contracting parties.

1.3 Multilateral Trade Negotiation（rounds）Under the Auspices of GATT

1.3 GATT管理下的多邊貿(mào)易談判（回合）

The biggest leaps forward in international trade liberalization have come through a series of multilateral trade negotiations, or trade rounds, sponsored by GATT. They have held eight such Rounds in all. The eighth round, the Uruguay Round, was launched in Punta del Este, Uruguay, in September 1986.

They are often lengthy-the Uruguay Round took seven and a half years-but trade rounds can have an advantage. They offer a package approach to trade negotiations that can sometimes be more fruitful than negotiations on a single issue. The package approachto negotiations has a number of advantages. First, participants can seek and secure advantages across a wide range of issues. Secondly, concessions which would otherwise be difficult to defend in domestic political terms, can be made more easily in the context of a round than if bilateral relationships between the major trading nations are allowed to dominate. Finally, overall reform in certain politically-sensitive sectors of world trade is more feasible in the context of a global package.

While reduction of tariffs were the main concerns in the early trade rounds, the later rounds began the process of revising, reinterpreting or extending the original articles of the General Agreement, together with tariff cut. For example, the Kennedy Round reached agreement on a new GATT Anti-dumping Agreement. The Tokyo Round went much further-a further revision of the GATT anti-dumping code was also secured.

GATT/WTO Trade Rounds

布雷頓森林會(huì)議，指在1944年7月美國新罕布什爾州（Bretton Woods, New Hampshire）召開的聯(lián)合國國際貨幣與金融會(huì)議。在這次會(huì)議上，通過了設(shè)立國際貨幣與開發(fā)銀行（世界銀行，IBRD）與國際貨幣基金（IMF）的協(xié)議，這些協(xié)議于1946年生效，由此建立布雷頓森林國際貨幣金融體制。

聯(lián)合國專門機(jī)構(gòu)。

該《憲章》不僅要為世界貿(mào)易提供一套紀(jì)律，還意在為就業(yè)、商品協(xié)議、限制性商業(yè)行為、國際投資與服務(wù)提出一些規(guī)則。

創(chuàng)始締約方。

第一回合談判，這是GATT/WTO為不斷推進(jìn)多邊貿(mào)易體制所創(chuàng)立的一種談判方式，即多邊的、全面的與分階段的談判方式。

關(guān)稅減讓，即各國所做出的削減關(guān)稅的承諾。

《國際貿(mào)易組織憲章》，即1948年在古巴哈瓦那聯(lián)合國貿(mào)易與就業(yè)大會(huì)上通過的，后來未能生效的關(guān)于建立國際貿(mào)易組織的憲章，也叫《哈瓦那憲章》。

議定書中提到的對(duì)其生效有決定作用的八個(gè)國家是：Australia, Belgium, Canada, France, Luxembourg, Netherland, the United Kindom, and the United States.

反傾銷。

非關(guān)稅問題與貿(mào)易部門問題。

《總協(xié)議》，即《關(guān)稅與貿(mào)易總協(xié)議》。

《多種纖維協(xié)定》，是在原GATT下議定的，規(guī)定在紡織品與服裝領(lǐng)域可以背離其一些基本原則。

締約方全體大會(huì)。

代表理事會(huì)。

常設(shè)委員會(huì)。

支付平衡，反映一國總體進(jìn)出口額是否平衡及一國的對(duì)外支付能力情況。

協(xié)商一致，即不采取投票方式而是以協(xié)商一致同意方式?jīng)Q策。

豁免，即在一定條件下經(jīng)授權(quán)可以不履行GATT下的義務(wù)。

三分之二多數(shù)。

國際貿(mào)易自由化取得最大突破的方式，是通過在GATT主持下的一系列多邊貿(mào)易談判，稱“回合”, GATT一共舉辦了八個(gè)談判回合。第八回合，也稱“烏拉圭回合”，于1986年9月在烏拉圭的埃斯特角發(fā)動(dòng)。

一攬子解決方案。