flowchart TB MC[Ministerial<br/>Conference] --> GC[General Council<br/>also sits as DSB and TPRB] GC --> CG[Council for Trade<br/>in Goods] GC --> CS[Council for Trade<br/>in Services] GC --> CT[Council for TRIPS] GC --> SEC[Secretariat<br/>under Director-General] CG --> CMT1[Committees:<br/>SPS, TBT, Agriculture, ...] CS --> CMT2[Committees:<br/>Financial Services, ...] CT --> CMT3[Committees:<br/>TRIPS Council subsidiaries] style MC fill:#E8F0FE,stroke:#1A73E8 style GC fill:#FFF3E0,stroke:#EF6C00 style SEC fill:#E6F4EA,stroke:#137333
8 World Trade Organisation
8.1 From GATT to the WTO
The Bretton Woods Conference (1944) envisaged a third institution alongside the IMF and the World Bank — the International Trade Organization (ITO). The Havana Charter establishing the ITO was negotiated in 1948, but the United States Senate refused to ratify it. Instead, a General Agreement on Tariffs and Trade (GATT), signed by 23 countries on 30 October 1947 and provisionally applied from 1 January 1948, became the de-facto framework for multilateral trade for the next 47 years (hoekman2009?).
The GATT was not an organisation but an agreement; it administered itself through eight successive rounds of multilateral tariff negotiations.
| Round | Year(s) | Venue | Principal achievement |
|---|---|---|---|
| 1. Geneva | 1947 | Geneva | First tariff cuts; GATT signed |
| 2. Annecy | 1949 | Annecy | Tariff reductions |
| 3. Torquay | 1950–51 | Torquay | Tariff reductions |
| 4. Geneva II | 1956 | Geneva | Tariff reductions |
| 5. Dillon | 1960–61 | Geneva | Tariff reductions |
| 6. Kennedy | 1964–67 | Geneva | Tariffs and anti-dumping |
| 7. Tokyo | 1973–79 | Geneva | Non-tariff measures, codes |
| 8. Uruguay | 1986–94 | Punta del Este → Marrakesh | Created the WTO; covered services, IPR, agriculture, textiles |
The Uruguay Round closed with the Marrakesh Agreement of 15 April 1994. The World Trade Organization (WTO) came into being on 1 January 1995, replacing the GATT secretariat with a full-fledged international organisation. The GATT 1947 was incorporated into the WTO as GATT 1994, one of several agreements administered by the new organisation.
The WTO is headquartered in Geneva, Switzerland, with 166 members (as of 2024) accounting for over 98 per cent of world trade (wto2024?). India is a founding member.
8.2 Objectives and Functions
The Marrakesh Agreement gives the WTO five working functions (wto2024?).
| Function | Content |
|---|---|
| Administer WTO trade agreements | Implement, administer and operate the multilateral and plurilateral agreements |
| Forum for negotiations | Provide the framework for further trade liberalisation among members |
| Dispute settlement | Operate the Understanding on Rules and Procedures Governing the Settlement of Disputes |
| Trade policy review | Operate the Trade Policy Review Mechanism |
| Cooperation with other bodies | Coordinate with the IMF, World Bank and other international organisations |
8.3 Principles of the Multilateral Trading System
The WTO rests on five working principles, several inherited and strengthened from GATT (hoekman2009?; cherunilam2020?).
| Principle | Content | Article basis |
|---|---|---|
| Most-Favoured-Nation (MFN) | Any concession given to one member must be extended to all members | GATT Art. I; GATS Art. II; TRIPS Art. 4 |
| National Treatment (NT) | Imported goods must be treated no less favourably than like domestic goods, once they cross the border | GATT Art. III; GATS Art. XVII; TRIPS Art. 3 |
| Free trade through negotiation | Successive rounds of binding tariff cuts | Whole framework |
| Predictability through binding | Bound tariffs and transparent rules | GATT schedules |
| Special and Differential Treatment (S&DT) | Developing and least-developed members get longer transition, lower commitments, technical assistance | Multiple agreements |
The MFN and National Treatment principles together constitute the non-discrimination core of the system. MFN is non-discrimination between trading partners; National Treatment is non-discrimination between foreign and domestic goods inside the country.
8.4 Structure of the WTO
The WTO is a member-driven, consensus-based organisation. Decision-making layers are:
| Body | Role | Frequency |
|---|---|---|
| Ministerial Conference (MC) | Highest decision-making body | At least once every two years |
| General Council | Day-to-day governance; meets as DSB and TPRB | Several times a year |
| Councils for Goods, Services, TRIPS | Oversee respective agreements | Regular |
| Dispute Settlement Body (DSB) | Adjudicates disputes through panels and the Appellate Body | As needed |
| Trade Policy Review Body (TPRB) | Reviews each member’s trade policies periodically | As scheduled |
| Committees under each Council | Specialised subjects (SPS, TBT, Agriculture, etc.) | Regular |
| Secretariat under Director-General | Administrative support, headed by DG | Permanent |
8.5 The Major WTO Agreements
The Marrakesh package bundled GATT 1947 with a sheaf of new agreements covering services, intellectual property, agriculture and textiles. The candidate is expected to recognise the principal ones.
| Agreement | Coverage | Note |
|---|---|---|
| GATT 1994 | Trade in goods | Successor to GATT 1947 |
| GATS — General Agreement on Trade in Services | Trade in services | Four modes of supply |
| TRIPS — Trade-Related Aspects of Intellectual Property Rights | Patents, copyrights, trademarks, designs, GIs, trade secrets | Minimum standards across members |
| TRIMS — Trade-Related Investment Measures | Investment measures affecting trade in goods | Bans local content, trade balancing |
| AoA — Agreement on Agriculture | Market access, domestic support, export subsidies | Three “boxes”: green, blue, amber |
| SPS — Sanitary and Phytosanitary Measures | Food safety, animal and plant health | Science-based |
| TBT — Technical Barriers to Trade | Standards, regulations, conformity assessment | Avoid disguised protectionism |
| SCM — Subsidies and Countervailing Measures | Subsidies and remedies | Prohibited / actionable subsidies |
| ADP — Anti-Dumping Agreement (Art. VI of GATT) | Dumping and remedies | Margin of dumping, injury, causation |
| DSU — Dispute Settlement Understanding | Rules and procedures for disputes | Compulsory and binding |
| ATC — Agreement on Textiles and Clothing | Phased out the MFA | Ended 1 January 2005 |
| TFA — Trade Facilitation Agreement | Customs simplification | Concluded Bali 2013, in force 2017 |
The four “modes of supply” under GATS are cross-border supply (Mode 1 — software exports), consumption abroad (Mode 2 — tourism), commercial presence (Mode 3 — bank branches abroad), presence of natural persons (Mode 4 — IT consultants on assignment).
The three boxes under the Agreement on Agriculture are Green Box (non-distorting subsidies, exempt), Blue Box (subsidies tied to production-limiting programmes, exempt) and Amber Box (trade-distorting subsidies, subject to reduction).
8.6 Dispute Settlement Mechanism
The WTO’s Dispute Settlement Understanding (DSU) is widely regarded as the system’s “crown jewel” (hoekman2009?). The procedure is:
- Consultations — bilateral attempt to resolve the dispute (60 days).
- Panel — three experts established by the DSB; report within roughly six months.
- Appellate Body — standing body of seven members; reviews questions of law on appeal.
- Adoption — DSB adopts panel/AB reports unless there is negative consensus against adoption.
- Implementation — the losing member implements the ruling; if it fails, the complainant may impose retaliatory measures with DSB authorisation.
The Appellate Body has been non-functional since December 2019 because the United States has blocked appointments of new members; the system is operating with workarounds, including the Multi-Party Interim Appeal Arbitration Arrangement (MPIA).
8.7 Ministerial Conferences
The Ministerial Conference is the WTO’s highest decision-making body and meets at least every two years.
| Conference | Year | Location | Notable outcome |
|---|---|---|---|
| MC1 | 1996 | Singapore | Set the “Singapore issues” — investment, competition, transparency, trade facilitation |
| MC3 | 1999 | Seattle | Failed; civil-society protests; collapse of new round talks |
| MC4 | 2001 | Doha | Launched the Doha Development Agenda (DDA) |
| MC5 | 2003 | Cancún | Failed over agriculture and Singapore issues |
| MC6 | 2005 | Hong Kong | End-date for export subsidies in agriculture |
| MC9 | 2013 | Bali | Trade Facilitation Agreement; food-security peace clause |
| MC10 | 2015 | Nairobi | Decision to eliminate agricultural export subsidies |
| MC11 | 2017 | Buenos Aires | Limited outcomes; e-commerce work programme |
| MC12 | 2022 | Geneva | TRIPS waiver on COVID-19 vaccines; fisheries-subsidies agreement |
| MC13 | 2024 | Abu Dhabi | Extended e-commerce moratorium; admission of Comoros and Timor-Leste |
8.8 The Doha Development Agenda
Launched at MC4 in November 2001, the Doha Development Agenda (DDA) was meant to be the first multilateral round under the WTO and the first to put development at the centre. Negotiations covered agriculture, NAMA (non-agricultural market access), services, TRIPS, rules, trade facilitation, environment and the Singapore issues. The negotiations have been suspended and revived repeatedly; substantive consensus on the full package has not been reached. Single undertaking — the Doha rule that “nothing is agreed until everything is agreed” — has been the principal political obstacle. Some Doha results — Trade Facilitation (2013), agricultural export subsidies (2015) — have been harvested separately.
8.9 WTO and India
India is a founding member of the WTO and a leading voice for developing-country interests (cherunilam2020?). India’s positions in repeated negotiations have included:
- Public stockholding for food security — peace-clause arrangement at Bali (2013) shielding MSP-based public-stockholding programmes from challenge until a permanent solution is found.
- Agricultural domestic support — defending Amber-Box flexibilities under the de minimis rule.
- Special and differential treatment — opposing erosion of S&DT for self-declared developing countries.
- TRIPS and access to medicines — championing the use of compulsory licences and the Doha Declaration on TRIPS and Public Health (2001).
- Services (Mode 4) — pushing for greater commitments on movement of natural persons.
- India has been an active user of the dispute settlement mechanism, both as complainant and as respondent.
8.10 Criticisms of the WTO
Recurring criticisms in the textbook discussion include:
- Asymmetry between developed and developing members in negotiating capacity.
- Erosion of policy space for industrial policy and subsidies in developing countries.
- Decision paralysis under the consensus rule.
- Appellate Body crisis (since 2019) leaving disputes without a final appeal forum.
- Weak coverage of new-economy issues — digital trade, climate, labour standards — with overlapping plurilateral talks creating fragmentation.
Despite these challenges, the WTO remains the single multilateral framework for trade rules and dispute settlement.
8.11 Exam-Pattern MCQs
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| Round | Principal achievement | ||
| (i) | Kennedy Round (1964–67) | (a) | Created the WTO; covered services, IPR, agriculture |
| (ii) | Tokyo Round (1973–79) | (b) | First multilateral negotiations in non-tariff measures |
| (iii) | Uruguay Round (1986–94) | (c) | Tariffs and the first anti-dumping code |
| (iv) | Doha Round (since 2001) | (d) | "Development Agenda"; not concluded |
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| Agreement | Coverage | ||
| (i) | TRIPS | (a) | Sanitary and phytosanitary measures |
| (ii) | TRIMS | (b) | Trade in services |
| (iii) | GATS | (c) | Investment measures linked to trade in goods |
| (iv) | SPS | (d) | Intellectual property rights |
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| Ministerial Conference | Location | ||
| (i) | MC4 (2001) | (a) | Bali |
| (ii) | MC9 (2013) | (b) | Doha |
| (iii) | MC12 (2022) | (c) | Geneva |
| (iv) | MC13 (2024) | (d) | Abu Dhabi |
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| Body | Primary role | ||
| (i) | Ministerial Conference | (a) | Adjudicates trade disputes through panels and the Appellate Body |
| (ii) | General Council | (b) | Reviews trade policies of each member periodically |
| (iii) | Dispute Settlement Body | (c) | Day-to-day governance; meets between Ministerials |
| (iv) | Trade Policy Review Body | (d) | Highest decision-making body; meets every two years |
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- GATT signed 1947, applied 1948; not an organisation. WTO established 1 January 1995 by Marrakesh Agreement (1994). HQ Geneva; 166 members; led by Director-General.
- Eight GATT rounds: Geneva → Annecy → Torquay → Geneva II → Dillon → Kennedy (anti-dumping) → Tokyo (NTBs, codes) → Uruguay (created WTO).
- Five core principles: MFN, National Treatment, Free Trade through Negotiation, Predictability via Binding, Special & Differential Treatment.
- Structure: Ministerial Conference → General Council → Councils (Goods/Services/TRIPS) → DSB and TPRB → Secretariat.
- Major agreements: GATT 1994, GATS, TRIPS, TRIMS, AoA, SPS, TBT, SCM, ADP, DSU, TFA.
- GATS four modes: Cross-border (1), Consumption abroad (2), Commercial presence (3), Movement of persons (4).
- AoA three boxes: Green (non-distorting), Blue (production-limiting), Amber (trade-distorting).
- DSU procedure: Consultations → Panel → Appellate Body → Adoption (negative consensus) → Implementation. Appellate Body dysfunctional since 2019.
- Doha Round (2001) still open; harvested results: TFA Bali 2013, agricultural export subsidies Nairobi 2015, fisheries subsidies and TRIPS-COVID waiver Geneva MC12 2022.
- India’s WTO priorities: public stockholding peace clause, agricultural de minimis, S&DT, compulsory licences, GATS Mode 4.