1. whether the Bank of Ethiopia had been dissolved or had otherwise ceased to exist, and if not, whether it had authorised the bringing of the action. Decision: It was held that The Bank of Ethiopia had been dissolved by the Italian decree it had the authority to bring such action. Reasoning: The government of Italy was a de facto government in entire control of the territory occupied and therefore having complete governmental control over that territory. sefei f dofi3e8 edfhe8f fe9f djfhe 9 efej9 4 odifmc xsie.A lawyer needs to research and try various strategy to get the best outcome for his client which can be different than a general explanation of the law. Therefore, it is advised to get an experienced lawyer if there is any specific problem to deal with, you can also Advocate Rayhanul Islam is the founder and Editor in Chief of Law Help BD. He is also a researcher. Critical thinking is his main focus. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human rights concept to the root level.

1. Dr Monika Jain

2. What Is the WTO?
The World Trade Organization (WTO)
is the only international organization dealing with
the global rules of trade between nations.
Its main function is to ensure that trade flows as
smoothly, predictably and freely as possible.

3. World Trade Organization
Created by : Uruguay Round negotiations (1986-94)
Membership : 164 members representing 98 per cent of world trade
Secretariat Staff : 625
Head : Ngozi Okonjo-Iweala (Director-General)
Established: 1 January 1995
Location :- Geneva, Switzerland

4. The Bretton-Woods
Conference
June 1944

5. Bretton Woods
System
GATT
IMF
WORLD BANK

7. WTO
• The World Trade Organization (WTO) deals with
the rules of trade between nations at a global
or near-global level.
• It’s an organization for liberalizing trade.
• Above all, it’s a negotiating forum
• It’s a set of rules
• And it helps to settle disputes

8. Time Line

9. Doha Round
• The Doha Development Round or Doha Development Agenda (DDA) is the
latest trade-negotiation round of the World Trade Organization (WTO)
which commenced in November 2001 under then director-general Mike
Moore.
• Its objective was to lower trade barriers around the world, and thus
facilitate increased global trade.
. • Progress in negotiations stalled after the breakdown of the July 2008
negotiations over disagreements concerning agriculture, industrial tariffs
and non-tariff barriers, services, and trade remedies.
• The most significant differences are between developed nations led by the
European Union (EU), the United States (USA), and Japan and the major
developing countries led and represented mainly by India, Brazil, China,
and South Africa.
• There is also considerable contention against and between the EU and the
USA over their maintenance of agricultural subsidies—seen to operate
effectively as trade barriers.

10. Core Principles of WTO
Non - Discrimination
Reciprocity of Trade
Concessions
Trade Liberalization
Transparency and
predictability in import and
export rules and
regulations.
Favorable treatment to less
developed countries.
MFN - Any trade
concession a nation
offers to one
member, it must
offer to all
National Treatment.
This means that
imported products
must be treated the
same as domestic
goods.

11. PRINCIPLES OF WTO
1. Most-favoured-nation (MFN): treating other
people equally Under the WTO agreements,
countries cannot normally discriminate between their
trading partners. Grant someone a special favour (such
as a lower customs duty rate for one of their products)
and you have to do the same for all other WTO
members.
2. National treatment: Treating foreigners and locals
equally Imported and locally-produced goods
should be treated equally — at least after the foreign
goods have entered the market. The same should
apply to foreign and domestic services, and to foreign
and local trademarks, copyrights and patents.

12. 3. Freer trade: gradually, through negotiation
Lowering trade barriers is one of the most obvious means of
encouraging trade. The barriers concerned include customs
duties (or tariffs) and measures such as import bans or
quotas that restrict quantities selectively
4. Predictability: through binding and transparency
With stability and predictability, investment is encouraged,
jobs are created and consumers can fully enjoy the benefits
of competition — choice and lower prices. The multilateral
trading system is an attempt by governments to make the
business environment stable and predictable.
PRINCIPLES OF WTO

13. 5. Promoting fair competition
The system does allow tariffs and, in limited
circumstances, other forms of protection. More
accurately, it is a system of rules dedicated to open,
fair and undistorted competition.
6. Encouraging development and economic reform.
The WTO system contributes to development. On the
other hand, developing countries need flexibility in
the time they take to implement the system’s
agreements. WTO allows for special assistance and
trade concessions for developing countries.
PRINCIPLES OF WTO

14. Agreement On Agriculture
Agreement On Agriculture

15. Agreement on Agriculture(AOA)
Formation of WTO in Jan
1995 as a successor to
GATT
Many trade related
agreements were signed
by the member countries
First time Agreement on
Agriculture
To reform and dismantle
non-tariff barriers are to
be replaced by tariffs

16. Three Pillars of AoA

17. Market Access
• The market access rule for agricultural products is
“tariffs only”. This means that all non-tariff measures
were to be either removed or to be replaced by tariffs,
reflecting substantially the same level of protection
(this process is called “tariffication”).
• As per the AoA, the WTO Members committed to set
tariff bindings to agricultural products and assumed
reduction commitments on tariffs, which are contained
in each Member’s WTO Schedule of concessions on
goods (Article 4). Different reduction commitments
applied to developing and developed Members.
• LDCs were not required to reduce their tariffs.

18. Domestic support (Subsidies)
• This pillar is based upon the assumption that not
all subsidies distort trade to the same extent. The
Agreement distinguishes between two categories
of domestic support: Domestic support with no,
or minimal, distorting effects on trade – not
subject to reduction commitments. These were
kept in Green Box and Blue Box Measures.
• Domestic support with distorting effects on trade
– subject to limits and reduction commitments.
These were kept in Amber Box measures.

19. Domestic support
Domestic
Support
The AoA classifies the support measures into the two basic categories:
Total Domestic Support
These are measures that can be usedwithout
any limits on support. This category includes
three basic sets of measures.
Measures that are not subject to
ceiling commitments
Measures that are subject to
ceiling commitments
Measures which do not meet the exemption
criteria of Green Box, Development Box or,
Blue Box, are often referred to as AmberBox
measures. Only support under these non-
exempt measures is subject to limit.
De minimis
Amber Box
Blue Box
Development
Box
Green
Box
19

20. Domestic Support Boxes
• In WTO terminology Boxes->Subsidies
• Green means permitted
• Amber means slow(be reduced)
• Red means forbidden
• NO RED BOX FOR AOA
• But things exceeding reduction commitment levels in
Amber box are prohibited
• One more box Blue means subsidies that are tied to
programs that limit production

21. Domestic Support Boxes

22. Export Subsidies
• The Agreement contains provisions regarding members
commitment to reduce Export Subsidies.
• Developed countries are required to reduce their
export subsidy expenditure by 36% and volume by 21%
in 6 years, in equal installment (from 1986 –1990
levels).
• For developing countries, the percentage cuts are 24%
and 14% respectively in equal annual installment over
10 years.
• The Agreement also specifies that for products not
subject to export subsidy reduction commitments, no
such subsidies can be granted in the future

23. WTO rules against India’s export
subsidies
• Dispute settlement panel rules that India’s
export promotion schemes violated several
provisions of the WTO’s subsidies and
countervailing measures agreement in
November 2019

24. WTO rules against India’s export
subsidies
• India suffered a setback at the World Trade Organization (WTO) in a dispute
against the US that had challenged its key export subsidy schemes including the
one for special economic zones. The WTO has ruled that these export subsidy
programmes violated provisions of the trade body’s norms.
• Some of the schemes that will be affected by the WTO's ruling include
Merchandise Exports from India Scheme (MEIS), export oriented units (EOU)
scheme and sector-specific schemes, including Electronics Hardware Technology
Parks (EHTP) scheme and Bio-Technology Parks (BTP) scheme, Export Promotion
Capital Goods (EPCG) scheme; and duty-free imports for Exporters Scheme.
• The panel further ruled that India is not entitled to provide subsidies depending on
export performance and said its per capita gross national product crossed $1,000
per annum.
• It is worth noting that under Article 3.1 of the WTO's SCM agreement, all
developing countries with gross per capita of $1,000 per annum for three
consecutive years are required to stop all export incentives.
• The US had earlier accused India of giving prohibited subsidies to Indian steel
producers, pharmaceuticals, chemicals, information technology, textiles and
apparel.

26. The General Agreement on Trade in
Services (GATS)
• The General Agreement on Trade in Services (GATS) is
the first multilateral agreement covering trade in
services.
• It was negotiated during the last round of multilateral
trade negotiations, called the Uruguay Round, and
came into force in 1995.
• The GATS provides a framework of rules governing
services trade, establishes a mechanism for countries
to make commitments to liberalize trade in services
and provides a mechanism for resolving disputes
between countries.

27. Modes of service trade
1. Mod e1: cros s-bord er tr ad e: –
Trad e takes pl ac e from the te rr ito ry of country a into that
of b
Exam ple : The pu rc hase of insu ran ce
or compu ter so ftware by a
consu me r fro m a pro ducer locat ed
ab ro ad .

28. Modes of service trade
Mod e2: cons um ption ab road
Serv ice s co nsume d by nat ionals of a country A in terri tory
of country B.
Exam ple :Touri sm, educ at ion
or he alth se rv ices.
.

29. Modes of service trade
M od e 3: com mer cial pres ence
A service supplier of country a crosses the bo rd er to
• estab lish an d pro vide a se rv ice in country b.
• Exam ple : Do me stic su bsidiari es of
•fo re ign insu ran ce compa nies or hotel Chai ns.

30. Modes of service trade
M od e 4: mov em ent of natur al per sons
Te mpo rary mov eme nt fro m count ry a to c ou ntry b to su ppl y
a se rvi ce.
Exam ple . Ac countan ts,
doctors or teac he rs
teac he rs

31. Obligations of GATS
General Specific
1. Most Favoured Nation (MFN)
Treatment
This requires equal and consistent
treatment of all foreign trading partners. It
means:
•Providing equal opportunities in that
sector for all foreign service providers.
•mutual exclusive treatment for all service
providers
2. Transparency
GATS Members are required, to
publish all measures of general
application
And establish national enquiry
points mandated to respond to
other Member's information
requests.

32. Specific Obligations
1. National Treatment
treatment for
and domestic
It requires equal
foreign providers
providers.
Once a foreign supplier has been
allowed to supply a service in one’s
country there should be no
discrimination in treatment between
the foreign and domestic providers.
2.Market Access: Market access is a
negotiated commitment in specified
sectors.
It may be made subject to various types of
limitations that are enumerated in
Article XVI(2).
For example, limitations may be imposed
on the number of services suppliers,
service operations or employees in the
sector; the value of transactions; the legal
form of the service supplier; or the
participation of foreign capital.

34. BSE
Bird Flu
SARS
MRL
Plant Pests
2

35. Agreement on the Application of Sanitary and
Phytosanitary Measures(SPS)
• The Agreement on the Application of Sanitary and
Phytosanitary Measures sets out the basic rules for
food safety and animal and plant health standards.
• Member countries are encouraged to use
international standards, guidelines and
recommendations where they exist.

36. Sanitary + Phyto-sanitary
Sanitary
‣ means clean
Phyto-sanitary
‣ plants
Measures
‣ creating rules
HUH!?
SPS measures....what???

37. What are Sanitary and Phyto-
sanitary measures
Safety requirements imposed
by governments
‣
‣
‣
Animals
Humans
Environmen
t
Protections
‣
‣
Directly - contaminants (bird flu)
Indirectly - pests (long term)
Technical trade to barrier
No danger! I
promise

38. 3
SPS Measures
Human or
Animal Health
risks arising from additives,
contaminants, toxins or disease
organisms in food, drink, feedstuff
Definition -
A measure taken to protect:
Human Life plant- or animal-carried diseases
Animal or
Plant life
pests, diseases, disease-causing
organisms
Acountry other damage caused by entry,
establishment or spread of pests
from
from
from
from

39. C
A
S
E STUD
Y “MisusingSPS”
CASE OF APPLES
39

40. Must provide scientific evidence
WTO’s findings
‣ Japan’s quarantine treatment
violated SPS measures
no scientific evidence to prove
harmful substances
‣
Conclusion
‣ Japan sinks under pressure after
years
pays America $143 million1
‣
40

41. 21
The right to
protect
human, animal
or plant life or
health
Avoiding
unnecessary
barriers to
trade
TBT
SPS

42. TBT- AGREEMENT ON TECHNICAL BARRIERS TO
TRADE
• The Technical Barriers to Trade (TBT) Agreement aims to
ensure that technical regulations, standards, and conformity
assessment procedures are non-discriminatory and do not
create unnecessary obstacles to trade. ... Through its
transparency provisions, it also aims to create a
predictable trading environment..

43. The Agreementon TBT tries toensure that
Regulations,
Standards,
 Testing and
Certification
procedures do not
createunnecessary
obstacles.

44. TBT Agreement
Covers all technical regulations, standards and conformity
assessment procedures other that SPS measures
Covers products, processes and services
Covers all products, including industrial & agricultural
products
Covers all standards prepared by recognized standardization
bodies

45. TBT’s Objectives
• The WTO’s most-favoured-nation rule binds countries’ technical
requirements.
• The TBT agreement strongly encourages countries to recognize the results
of other countries’ conformity assessment tests – the tests that
determine whether a product conforms to a given standard.
• The TBT promotes the development of international standards and
provides governments and inter-governmental bodies with guidance on
how to best develop such standards. TBT members are strongly
encouraged to adopt international standards as their technical
requirements whenever possible.
• All TBT members are required to establish “enquiry points” – offices that
provide information about the country’s technical regulations, test
procedures, and adherence to various international standards.
• A technical assistance program helps developing countries meet
international standards and helps them get involved in the establishment
of such standards.

47. About TRIPs……
• The Agreement on Trade Related Aspects of Intellectual Property
Rights (TRIPS) is an international agreement administered by the
World Trade Organization
• TRIPS is the most important and comprehensive international
agreement on Intellectual Property rights
• It was formed at the end of the Uruguay Round of the General
Agreement on Tariffs and Trade (GATT) in 1994.
• The TRIPS agreement introduced intellectual property law into the
international trading system for the first time

48. Common types of IPR

49. Intellectual property is divided into two categories
Industrial property which includes
• patents for inventions,
• trademarks,
• industrial designs and
• geographical indications
Copyright and related rights which cover
• literary and artistic expressions (e.g. books, films, music,
architecture, art),
• rights of performing artists in their performances, producers of
phonograms in their recordings, and broadcasters in their radio
and television broadcasts which are also referred to as
neighbouring rights.
Types of IPR

50. • Industrial Property.
Distinctive Signs
Trademarks
Geographical
Indications
Innovation, Design &
Creation of
Technology
Inventions Industrial
Design
Trade
Secrets
Trade Related aspects of Intellectual
Property Rights (TRIPS))

51. Copyright and Rights related to copyright
• The main social purpose of protection of copyright and related rights is to
encourage and reward creative work. - a legal concept giving the creator of
an original work exclusive rights to it, usually for a limited time
Authors of
literary and
artistic works
Performers
Producers of
phonograms
Broadcasting
Organizations
Copyrights

52. Geographical Indication
 - Place names (in some countries also words associated with a
place) used to identify the origin and quality, reputation or other
characteristics of products
 Basmati Rice
• Darjeeling Tea
• Kanchipuram Silk Saree
• Alphanso Mango
• Nagpur Orange
• Kolhapuri Chappal
• Bikaneri Bhujia
• Agra Petha
• Goa Feni

53. Trademarks
• A trademark (also written
trade mark or trade-mark) is
a type of intellectual
property consisting of a
recognizable sign, design, or
expression which identifies
products or services of a
particular source from
those of others,
although trademarks used
to identify services are
usually called service marks

54. EXAMPLES TRADEMARK DEVICES
• A trademark is a device which can take almost any form, as long as
it is capable of identifying and distinguishing specific goods or
services. The best way to understand the types of devices available
is through actual examples. The examples on this page are divided
as follows:
• letters and words
• logos
• pictures
• a combination of words and a logo
• slogans
• colors
• product shapes
• sounds

55. EXAMPLES TRADEMARK DEVICES
• Letters and words
• A word or other
groupings of letters is the
most common type of
mark. Examples include:
• APPLE
• GOOGLE
• NETFLIX
• IBM
• NBC
• Logos
• Logos are probably the
next most common form
of mark. A logo can be
described as a design
which becomes a mark
when used in close
association with the
goods or services being
marketed.

56. EXAMPLES TRADEMARK DEVICES
• Slogans from
advertising campaigns
are also used as
trademarks. Example
slogans which have
strong trademark rights
attached to them are:

58. TRIMS
• Agreement on Trade Related Investment Measures (Uruguay round )
• TRIMs are rules that apply to the domestic regulations a country applies
to foreign investors
• Restrictions:
1. Include local content requirements
2. Manufacturing requirements
3. Trade balancing requirements
4. Domestic sales requirements
5. Technology transfer requirements
6. Export performance requirements
7. Local equity restrictions
8. Foreign exchange restrictions
9. Remittance restrictions
10. Licensing requirements
11. Employment restrictions

59. Transition periods
• Members are obliged to eliminate TRIMs which have been
notified. Such elimination is to take place within
– two years for developed countries
– five years for developing countries
– seven years for LDC

60. Current Issues
• IPL brands - intellectual
property bouquets
• Delhi's Nehru Place among
IPR infringing IT markets
• The Apple v Samsung Patent
War

61. • The GATT lays down the principles to be followed by the
member countries for imposition of anti-dumping duties,
countervailing duties and safeguard measures.
• Indian laws were amended with effect from 1.1.95 to bring
them in line with the provisions of the respective GATT
agreements.
• Anti Dumping duties are expected to overcome only the
problem of DUMPING.
• To deal with the problem of direct and indirect subsidies there
is a provision for COUNTERVAILING duties.
• Safe guard measures are taken to deal with the problem of
increased imports. Can take the form of tariff increase or
quantitative restriction.
ANTI DUMPING

62. Introduction
• Dumping is said to have taken place when an exporter sells a
product to India at a price less than the price prevailing in its
domestic market.
• The phenomenon of dumping is per se not condemnable as it is
recognised that
– Producers sell their goods at different prices to different
markets.
– Not unusual for prices to vary from time to time in the light
of supply and demand conditions.
– Price discrimination in the form of dumping is a common
international commercial practice
– Not uncommon that export prices are lower than the
domestic prices.
ANTI DUMPING

63. The Doha Round
• The Doha Round is the latest round of trade negotiations among the WTO
membership. Its aim is to achieve major reform of the international
trading system through the introduction of lower trade barriers and
revised trade rules.
• The work programme covers about 20 areas of trade. The Round is also
known semi-officially as the Doha Development Agenda as a fundamental
objective is to improve the trading prospects of developing countries.
• The Round was officially launched at the WTO’s Fourth Ministerial
Conference in Doha, Qatar, in November 2001. The Doha Ministerial
Declaration provided the mandate for the negotiations, including on
agriculture, services and an intellectual property topic, which began
earlier.
• In Doha, ministers also approved a decision on how to address the
problems developing countries face in implementing the current WTO
agreements.

64. What have the negotiations achieved
so far?
• The achievements of the negotiations are
reflected in two ways:
• Agreed texts (the “acquis”, what has been
acquired) — the 2001 Doha Declaration set the
broad objectives; the 2004 Frameworks narrowed
down differences in interpreting the broad
objectives and defined the shape of the final
agreements, particularly in agriculture and non-
agricultural market access; the 2005 Hong Kong
Declaration narrowed the gaps further.

65. What have the negotiations achieved
so far?
• Agriculture:More market access, eliminating export
subsidies, reducing distorting domestic support, sorting
out a range of developing country issues, and dealing
with non-trade concerns such as food security and
rural development.
• Non-agricultural market access (NAMA):“To reduce or
as appropriate eliminate tariffs, including the reduction
or elimination of high tariffs, tariff peaks and tariff
escalation (higher tariffs protecting processing, lower
tariffs on raw materials) as well as non-tariff barriers, in
particular on products of export interest to developing
countries”.

66. What have the negotiations achieved
so far?
• Services: To improve market access and to
strengthen the rules. Each government has the
right to decide which sectors it wants to open to
foreign companies and to what extent, including
any restrictions on foreign ownership.
• Trade facilitation:To ease customs procedures and
to facilitate the movement, release and clearance
of goods. This is an important addition to the
overall negotiation since it would cut bureaucracy
and corruption in customs procedures and would
speed up trade and make it cheaper.

67. What have the negotiations achieved
so far?
• Rules:These cover anti-dumping, subsidies and countervailing
measures, fisheries subsidies, and regional trade agreement.
• The environment
These are the first significant negotiations on trade and the
environment in the GATT/ WTO. They have two key components:
• Freer trade in environmental goods. Products that WTO members
have proposed include: wind turbines, carbon capture and storage
technologies, solar panels.
• Environmental agreements. Improving collaboration with the
secretariats of multilateral environmental agreements and
establishing more coherence between trade and environmental
rules.

68. What have the negotiations achieved
so far?
• Geographical indications: multilateral register for
wines and spirits.This is the only intellectual
property issue that is definitely part of the Doha
negotiations. The objective is to “facilitate” the
protection of wines and spirits in participating
countries.
• Dispute settlement:To improve and clarify the
Dispute Settlement Understanding, the WTO
agreement dealing with legal disputes. These
negotiations take place in special sessions of the
Dispute Settlement Body (DSB)

69. BENEFITS FROM WTO
1.The system helps promote peace
2. Disputes are handled constructively
3. Rules make life easier for all
4. Freer trade cuts the costs of living
5. It provides more choice of products and
qualities
6. Trade raises incomes
7. Trade stimulates economic growth
8. The basic principles make life more
efficient
9. Governments are shielded from lobbying
10. The system encourages good government