2. From GATT to WTO:the Uruguay Round
2．烏拉圭回合談判：從GATT發(fā)展到WTO

GATT可以稱為“準(zhǔn)國(guó)際組織”。其有相對(duì)完整的組織機(jī)構(gòu)，有比較完善的運(yùn)作機(jī)制，但GATT本身并未賦予其國(guó)際法律人格。其決策的主要方式是協(xié)商一致，只有在特殊情況下，通過(guò)分配—成員—投票權(quán)的方式進(jìn)行表決。GATT促進(jìn)貿(mào)易開放與發(fā)展貿(mào)易規(guī)則的主要方式是一系列的多邊貿(mào)易談判，稱為“回合”（round）。在GATT下共進(jìn)行了八個(gè)回合，其中歷時(shí)長(zhǎng)達(dá)7年的第八回合談判（烏拉圭回合）可以說(shuō)具有里程碑意義。

Well before GATT's 40th anniversary, its members concluded that the GATT system was straining to adapt to a new globalizing world economy. In response to the problems identified in the 1982 Ministerial Declaration（structural deficiencies, spillover impacts of certain countries' policies on world trade GATT could not manage etc. ）, the eighth GATT round-known as the Uruguay Round-was launched in September 1986, in Punta del Este, Uruguay.

The Declaration agreed by Ministers in Punta del Este, while representing a single political undertaking, was divided into two sections. The first covered negotiation on trade in goods. Its objectives were to bring about further liberalization and expansion of world trade; to strengthen the role of GATT and improve the multilateral trading system;to increase the responsiveness of GATT to the evolving international economic environment; and to encourage cooperation in strengthening the inter-relationship between trade and other economic policies affecting growth and development. The second section outlined the objectives of a new framework of rules for trade in services.

The number of governments participating in the round has grown slightly since its launch-to 108-as several developing countries have become GATT members or applied to do so in the period.

A completely separate negotiating structure handles the Uruguay Round. A negotiating structure to handle every aspect of the Round was established soon after the Punta del Este meeting. It is dominated by three bodies: the Trade Negotiations Committee（TNC）which oversees the entire Round; the Group of Committee on Goods （GNG）which looks after all subjects with the exception of services, and the Group of Negotiations on Services（GNS）. During the first years of the Round, the GNG had 14 negotiating groups within its responsibility; and later that has been streamlined to just six.

The various negotiating bodies have held over 400 formal-and many more informalmeetings since the Round was launched, and they have had before them around 1,500 negotiating proposals and working papers. Although ministerial meetings of the TNC have taken place in Montreal and Brussels and many bilateral and plurilateral meetings take place constantly around the world, the formal official-level negotiations in the Uruguay Round take place solely at GATT headquarters in Geneva.

In the area of trade in goods, Ministers commit themselves to a“standstill”on new trade measures inconsistent with their GATT obligations and to a“rollback”programme aimed at phasing out existing inconsistent measures. This commitment has been overseen by a Surveillance Body, reporting periodically to the TNC.

The original objectives of the Round have been refined and clarified since 1986partly as a result of the Mid-Term Review and partly in the normal process of negotiation.

Tariffs:aimed at further liberalization with emphasis on especially high tariffs increasing the scope of tariff bindings and tariff“escalation”（where ascending levels of duty are charged linked to the level of processing of the products concerned）. The Midterm Review set a target for average reductions of around 30 per cent.

Tropical products:as in previous trade rounds, this is a priority sector in which the objective is“the fullest liberalization”of trade, covering both tariff and non-tariff measures. An early package of concessions-covering around $20 bill of trade-was agreed and implemented as part of the Mid-Term Review results.

Natural resource-based products:liberalization efforts aimed, in particular, at trade in fish and fisheries products, forestry products and non-ferrous metals minerals.

Textiles and clothing:negotiations should ensure the integration of this sector into the GATT with, among other things, the eventual elimination of the Multi-Fibre Arrangement and other restrictions on textiles and clothing which are not consistent with GATT.

Agriculture:the creation of most effective GATT rules, improved conditions of international competition through better market access and reduced subsidies, and reduction of the adverse trade effects of sanitary and phytosanitary regulations.

Safeguards: the negotiations aim for a comprehensive agreement and are recognized as of particular importance to strengthening the GATT system. Consideration of the future of bilateral export restraints is also included.

Multilateral trade negotiation（MTN）agreements and arrangements:improvement, clarification or expansion, as appropriate, of Tokyo Round agreements.

Subsidies and countervailing measures:toughening up the disciplines contained in Articles Ⅵ and ⅩⅥ of the General Agreement and in the Tokyo Round subsidies agreement.

Dispute settlement:improvement to the system to ensure prompt and effective resolution of disputes and compliance with adopted recommendations. An initial set of reforms, including tighter deadlines, was agreed and implemented after the Mid-Term Review.

Trade-related aspects of intellectual property rights, including trade in counterfeit goods:the clarification of existing GATT rules which bear upon intellectual property rights and the elaboration of new rules and disciplines as appropriate, together with negotiations on a multilateral framework dealing with international trade in counterfeit goods.

Trade-related investment measures:concerns the trade-restricting or-distorting effects of national investment measures and the possible elaboration of new provisions in GATT to avoid these adverse effects.

Functioning of the GATT system:possible institutional changes to the GATT, including enhanced surveillance of trade policies, improved decision-making mechanism and an increased contribution by GATT to achieving greater coherence on global economic policy-making. Following the Mid-Term Reviews, a new system of national trade policy reviews was initiated in GATT.

Trade in Services:the second part of the declaration covers the negotiation on trade in services. It envisages the establishment of a multilateral framework of principles and rules for trade in services, including the elaboration of annexes for individual service sectors where it proves necessary. In addition, work has also been undertaken on a package of initial liberalization commitments by prospective members of the new Agreement.

The Mid-Term Review meeting of TNC was held in December 1988, and the Ministers had reached agreements on the future conduct of the Round on 11 out of the 15 negotiating areas. At the same time, Ministers were able to agree a package of concessions on tropical products; a series of measures to streamline the disputes settlement system and a new trade policy review mechanism under which the trade policies of individual GATT contracting countries are subject to regular assessment. Each of these was implemented provisionally in 1989. In April 1989, a Trade Negotiations Committee meeting in Geneva succeeded in securing mid-term agreements on the remaining four negotiating areas:agriculture, safeguards, textiles and clothing, and intellectual property.

Significant progress was made in most negotiating areas. It was intended that the Round would be concluded at a Ministerial meeting of the Trade Negotiations Committee, in December 1990, in Brussels. However, among other problems, it was found impossible to reach an understanding on possible commitments to reduce government financial support and market access restrictions in agriculture. This failure led to a decision by the Ministers to prolong the Uruguay Round. In December 1991 a draft of a final agreement was tabled in Geneva. For the following two years, the negotiations lurched continuously from impending failure to predictions of imminent success. Several deadlines came and went; farm trade was joined by services, market access, anti-dumping rules and the proposed creation of a new institution, as the major points of conflict; and differences between the United States and European Communities became central to hopes for a final, successful conclusion. It took until 15 December 1993 for every issue to be finally resolved and for negotiations on market access for goods and services to be concluded. On 15 April 1994, the deal was signed by ministers from most of the 125 participating government at a meeting in Marrakesh Morocco.

貿(mào)易談判委員會(huì)，指為組織每一回合談判而專門設(shè)立的機(jī)構(gòu)。

貨物貿(mào)易談判小組委員會(huì)。

在貨物貿(mào)易領(lǐng)域，部長(zhǎng)們承諾將與其在GATT下義務(wù)不符的新措施“凍結(jié)”，并開始一個(gè)將已有的與其義務(wù)不符的措施“退回”的計(jì)劃。

保障（措施）。

多邊貿(mào)易談判。

補(bǔ)貼與反補(bǔ)貼措施。

與貿(mào)易有關(guān)的知識(shí)產(chǎn)權(quán)，包括假冒商品貿(mào)易在內(nèi)。

仿冒商品國(guó)際貿(mào)易。

與貿(mào)易有關(guān)的投資措施。

服務(wù)貿(mào)易。

與此同時(shí)，部長(zhǎng)們已在一些領(lǐng)域達(dá)成了一系列妥協(xié)，這些領(lǐng)域包括熱帶產(chǎn)品減讓、精簡(jiǎn)爭(zhēng)端解決體制的一系列措施，以及一種新的貿(mào)易評(píng)審機(jī)制，在這種機(jī)制下每一GATT的締約方的貿(mào)易政策都要接受定期的評(píng)價(jià)。