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第4章

建立世界贸易组织的协议 (中英文-第4章

小说: 建立世界贸易组织的协议 (中英文 字数: 每页3500字

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e Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference。 Amendments to Parts IV; V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds of the Members。

6。 Notwithstanding the other provisions of this Article; amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial Conference without further formal acceptance process。

7。 Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director…General of the WTO within the period of acceptance specified by the Ministerial Conference。

8。 Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference。 The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference。 Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference。

9。 The Ministerial Conference; upon the request of the Members parties to a trade agreement; may decide exclusively by consensus to add that agreement to Annex 4。 The Ministerial Conference; upon the request of the Members parties to a Plurilateral Trade Agreement; may decide to delete that Agreement from Annex 4。

10。 Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement。


Article XI

Original Membership

1。 The contracting parties to GATT 1947 as of the date of entry into force of this Agreement; and the European munities; which accept this Agreement and the Multilateral Trade Agreements and for which Schedules of Concessions and mitments are annexed to GATT 1994 and for which Schedules of Specific mitments are annexed to GATS shall bee original Members of the WTO。

2。 The least…developed countries recognized as such by the United Nations will only be required to undertake mitments and concessions to the extent consistent with their individual development; financial and trade needs or their administrative and institutional capabilities。


Article XII

Accession

1。 Any State or separate customs territory possessing full autonomy in the conduct of its external mercial relations and of the other matters provided for in this Agreement and the Multilateral Trade Agreements may accede to this Agreement; on terms to be agreed between it and the WTO。 Such accession shall apply to this Agreement and the Multilateral Trade Agreements annexed thereto。

2。 Decisions on accession shall be taken by the Ministerial Conference。 The Ministerial Conference shall approve the agreement on the terms of accession by a two…thirds majority of the Members of the WTO。

3。 Accession to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement。


Article XIII

Non…Application of Multilateral Trade Agreements
between Particular Members

1。 This Agreement and the Multilateral Trade Agreements in Annexes 1 and 2 shall not apply as between any Member and any other Member if either of the Members; at the time either bees a Member; does not consent to such application。

2。 Paragraph 1 may be invoked between original Members of the WTO which were contracting parties to GATT 1947 only where Article XXXV of that Agreement had been invoked earlier and was effective as between those contracting parties at the time of entry into force for them of this Agreement。

3。 Paragraph 1 shall apply between a Member and another Member which has acceded under Article XII only if the Member not consenting to the application has so notified the Ministerial Conference before the approval of the agreement on the terms of accession by the Ministerial Conference。

4。 The Ministerial Conference may review the operation of this Article in particular cases at the request of any Member and make appropriate remendations。

5。 Non…application of a Plurilateral Trade Agreement between parties to that Agreement shall be governed by the provisions of that Agreement。


Article XIV

Acceptance; Entry into Force and Deposit

1。 This Agreement shall be open for acceptance; by signature or otherwise; by contracting parties to GATT 1947; and the European munities; which are eligible to bee original Members of the WTO in accordance with Article XI of this Agreement。 Such acceptance shall apply to this Agreement and the Multilateral Trade Agreements annexed hereto。 This Agreement and the Multilateral Trade Agreements annexed hereto shall enter into force on the date determined by Ministers in accordance with paragraph 3 of the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations and shall remain open for acceptance for a period of two years following that date unless the Ministers decide otherwise。 An acceptance following the entry into force of this Agreement shall enter into force on the 30th day following the date of such acceptance。

2。 A Member which accepts this Agreement after its entry into force shall implement those concessions and obligations in the Multilateral Trade Agreements that are to be implemented over a period of time starting with the entry into force of this Agreement as if it had accepted this Agreement on the date of its entry into force。

3。 Until the entry into force of this Agreement; the text of this Agreement and the Multilateral Trade Agreements shall be deposited with the Director…General to the CONTRACTING PARTIES to GATT 1947。 The Director…General shall promptly furnish a certified true copy of this Agreement and the Multilateral Trade Agreements; and a notification of each acceptance thereof; to each government and the European munities having accepted this Agreement。 This Agreement and the Multilateral Trade Agreements; and any amendments thereto; shall; upon the entry into force of this Agreement; be deposited with the Director…General of the WTO。

4。 The acceptance and entry into force of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement。 Such Agreements shall be deposited with the Director…General to the CONTRACTING PARTIES to GATT 1947。 Upon the entry into force of this Agreement; such Agreements shall be deposited with the Director…General of the WTO。


Article XV

Withdrawal

1。 Any Member may withdraw from this Agreement。 Such withdrawal shall apply both to this Agreement and the Multilateral Trade Agreements and shall take effect upon the expiration of six months from the date on which written notice of withdrawal is received by the Director…General of the WTO。

2。 Withdrawal from a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement。


Article XVI

Miscellaneous Provisions

1。 Except as otherwise provided under this Agreement or the Multilateral Trade Agreements; the WTO shall be guided by the decisions; procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947 and the bodies established in the framework of GATT 1947。

2。 To the extent practicable; the Secretariat of GATT 1947 shall bee the Secretariat of the WTO; and the Director…General to the CONTRACTING PARTIES to GATT 1947; until such time as the Ministerial Conference has appointed a Director…General in accordance with paragraph 2 of Article VI of this Agreement; shall serve as Director…General of the WTO。

3。 In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements; the provision of this Agreement shall prevail to the extent of the conflict。

4。 Each Member shall ensure the conformity of its laws; regulations and administrative procedures with its obligations as provided in the annexed Agreements。

5。 No reservations may be made in respect of any provision of this Agreement。 Reservations in respect of any of the provisions of the Multilateral Trade Agreements may only be made to the extent provided for in those Agreements。 Reservations in respect of a provision of a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement。

6。 This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations。


DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety…four; in a single copy; in the English; French and Spanish languages; each text being authentic。

Explanatory Notes:

The terms 〃country〃 or 〃countries〃 as used in this Agreement and the Multilateral Trade Agreements are to be understood to include any separate customs territory Member of the WTO。

In the case of a separate customs territory Member of the WTO; where an expression in this Agreement and the Multilateral Trade Agreements is qualified by the term 〃national〃; such expression shall be read as pertaining to that customs territory; unless otherwise specified。

LIST OF ANNEXES


ANNEX 1


ANNEX 1A: Multilateral Agreements on Trade in Goods

General Agreement on Tariffs and Trade 1994
Agreement on Agriculture
Agreement on the Application of Sanitary and Phytosanitary Measures
Agreement on Textiles and Clothing
Agreement on Technical Barriers to Trade
Agreement on Trade…Related Investment Measures
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
Agreement on Preshipment Inspection
Agreement on Rules of Origin
Agreement on Import Licensing Procedures
Agreement on Subsidies and Countervailing Measures
Agreement on Safeguards

ANNEX 1B: General Agreement on Trade in Services and Annexes

ANNEX 1C: Agreement on Trade…Related Aspects of Intellectual Property Rights


ANNEX 2


Understanding on Rules and Procedures Governing the Settlement of Disputes


ANNEX 3


Trade Policy Review Mechanism


ANNEX 4


Plurilateral Trade Agreements

Agreement on Trade in Civil Aircraft
Agreement on Government Procurement
International Dairy Agreement
International Bovine Meat Agreement

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