World Trade Organization accession and membership
The original members of the World Trade Organization are the parties to the GATT after ratifying the Uruguay Round Agreements,[1] and the European Communities. They obtained this status at the entry into force on 1 January 1995 or upon their date of ratification. All other members have joined the organization as a result of negotiation, and membership consists of a balance of rights and obligations.[2] The process of becoming a World Trade Organization (WTO) member is unique to each applicant country, and the terms of accession are dependent upon the country's stage of economic development and the current trade regime.[3]
As is typical of WTO procedures, an offer of accession is only given once consensus is reached among interested parties.[4] The process takes about five years, on average, but it can take some countries almost a decade if the country is less than fully committed to the process, or if political issues interfere. The shortest accession negotiation was that of Kyrgyzstan, lasting 2 years and 10 months. The longest were that of Russia, lasting 19 years and 2 months,[5] Vanuatu, lasting 17 years and 1 month,[6] and China, lasting 15 years and 5 months.[7] Iran is currently the largest economy outside of the WTO.[8]
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Accession process [edit]
The process of accession can be broken down into four major stages: a country wishing to accede to the WTO submits an application to the General Council. The government applying for membership has to describe all aspects of its trade and economic policies that have a bearing on WTO agreements.[2] The application is submitted to the WTO in a memorandum which is examined by a working party open to all interested WTO Members, and dealing with the country's application. For large countries such as Russia, numerous countries participate in this process. For smaller countries, the Quadrilateral group of countries – consisting of the EU, the United States, Canada and Japan – and an applicant's neighboring countries are typically most involved.[4] The applicant then presents a detailed memorandum to the Working Party on its foreign trade regime, describing, among other things, its economy, economic policies, domestic and international trade regulations, and intellectual property policies. The Working Party Members submit written questions to the applicant to clarify aspects of its foreign trade regime with particular attention being paid to the degree of privatization in the economy and the extent to which government regulation is transparent.[4] After all necessary background information has been acquired, the Working Party will begin meeting to focus on issues of discrepancy between the WTO rules and the Applicant's international and domestic trade policies and laws. The WP determines the terms and conditions of entry into the WTO for the applicant nation, and may consider transitional periods to allow countries some leeway in complying with the WTO rules.[3]
The final phase of accession involves bilateral negotiations between the applicant nation and other Working Party members regarding the concessions and commitments on tariff levels and market access for goods and services. These talks cover tariff rates and specific market access commitments, and other policies in goods and services. The new member's commitments are to apply equally to all WTO members under normal non-discrimination rules, even though they are negotiated bilaterally. In other words, the talks determine the benefits (in the form of export opportunities and guarantees) other WTO members can expect when the new member joins. The talks can be highly complicated; it has been said that in some cases the negotiations are almost as large as an entire round of multilateral trade negotiations.[2]
When the bilateral talks conclude, the working party finalizes the terms of accession. sends an accession package, which includes a summary of all the WP meetings, the Protocol of Accession (a draft membership treaty), and lists ("schedules") of the member-to-be's commitments to the General Council or Ministerial Conference. Once the General Council or Ministerial Conference approves of the terms of accession, the applicant's parliament must ratify the Protocol of Accession before it can become a member.[9] The documents used in the accession process which are embargoed during the accession process are released once the nation becomes a member.[3]
Members and observers [edit]
The WTO currently has 159 members[10] (almost all of the 123 nations participating in the Uruguay Round signed on at its foundation, almost all of the rest of the GATT members followed,[12] and 29 others became WTO observers and subsequently got membership). The 27 states of the European Union are dually represented, as the EU is a full member of the organization. Non-sovereign autonomous entities of member states are eligible for separate membership, since WTO members do not have to be full sovereign nation-members. Instead, they must be a customs territory with full autonomy in the conduct of their external commercial relations. Thus Hong Kong became a GATT contracting party, by the now terminated "sponsorship" procedure of the United Kingdom (Hong Kong uses the name "Hong Kong, China" since 1997), as did Macau. A new member of this type is the Republic of China (Taiwan), which acceded to the WTO in 2002, and carefully crafted its application by joining under the name "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)"[13][14] so that they were not rejected as a result of the People's Republic of China One-China policy.
Russia was the only large economy outside of the WTO after China joined in 2001.[15][16] It had begun negotiating to join the WTO's predecessor in 1993. The final major point of contention – related to the 2008 Russo-Georgian War – was solved by Switzerland, which mediated between Russia and Georgia.[15] The United States and the European Union, the main export partners of Russia, welcomed the decision.[15] Membership of the WTO is expected to benefit the Russian economy and attract more foreign investment to the country.[15][16]
The WTO has 25 observer states,[10] that with the exception of the Holy See must start their accession negotiations within five years of becoming observers. The last country admitted as observer-only before applying for full membership was Equatorial Guinea in 2002, but since 2007 it is also in full membership negotiations. In 2007 Liberia and Comoros applied directly for full membership. Some international intergovernmental organizations are also granted observer status to WTO bodies.[17] Tajikistan is the newest full member, joining on 2 March 2013.[18]
The Palestinian Authority submitted a request for WTO Observer status in October 2009[19] and again in April 2010.[20]
List of members and accession dates [edit]
The following table lists all current members and their accession date.[10]
| Country | Date of Accession |
|---|---|
| 8 September 2000 | |
| 23 November 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 5 February 2003 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 22 February 1996 | |
| 12 September 1995 | |
| 31 May 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 December 1996 | |
| 3 June 1995 | |
| 23 July 1995 | |
| 13 October 2004 | |
| 13 December 1995 | |
| 1 January 1995 | |
| 23 July 2008 | |
| 31 May 1995 | |
| 19 October 1996 | |
| 1 January 1995 | |
| 11 December 2001 | |
| 30 April 1995 | |
| 27 March 1997 | |
| 1 January 1997 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 30 November 2000 | |
| 20 April 1995 | |
| 30 July 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 31 May 1995 | |
| 1 January 1995 | |
| 9 March 1995 | |
| 21 January 1996 | |
| 30 June 1995 | |
| 7 May 1995 | |
| 13 November 1999 | |
| 1 January 1995 | |
| 14 January 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 23 October 1996 | |
| 14 June 2000 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 22 February 1996 | |
| 21 July 1995 | |
| 25 October 1995 | |
| 31 May 1995 | |
| 1 January 1995 | |
| 30 January 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 21 April 1995 | |
| 1 January 1995 | |
| 9 March 1995 | |
| 1 January 1995 | |
| 11 April 2000 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 20 December 1998 | |
| 2 February 2013 | |
| 10 February 1999 | |
| 31 May 1995 | |
| 1 September 1995 | |
| 31 May 2001 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 4 April 2003 | |
| 17 November 1995 | |
| 31 May 1995 | |
| 1 January 1995 | |
| 31 May 1995 | |
| 31 May 1995 | |
| 1 January 1995 | |
| 31 May 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 26 July 2001 | |
| 29 January 1997 | |
| 29 April 2012[24] | |
| 1 January 1995 | |
| 26 August 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 23 April 2004 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 3 September 1995 | |
| 13 December 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 9 November 2000 | |
| 1 January 1995 | |
| 6 September 1997 | |
| 9 June 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 July 1995 | |
| 1 January 1995 | |
| 13 January 1996 | |
| 1 January 1995 | |
| 22 August 2012 | |
| 22 May 1996 | |
| 21 February 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 10 May 2012[24] | |
| 11 December 2005 | |
| 1 January 1995 | |
| 23 July 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 30 July 1995 | |
| 26 July 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 July 1995 | |
| 1 January 2002 | |
| 2 March 2013 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 31 May 1995 | |
| 27 July 2007 | |
| 1 March 1995 | |
| 29 March 1995 | |
| 26 March 1995 | |
| 1 January 1995 | |
| 16 May 2008 | |
| 10 April 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 24 August 2012[6] | |
| 1 January 1995 | |
| 11 January 2007 | |
| 1 January 1995 | |
| 5 March 1995 |
List of observers [edit]
The following table lists all current observers.[10][25]
| Country | Date of membership application |
|---|---|
| 21 November 2004 | |
| 3 June 1987 | |
| 4 July 1997 | |
| 30 June 1997 | |
| 10 May 2001 | |
| 23 September 1993 | |
| 1 September 1999 | |
| 11 May 1999 | |
| 22 February 2007 | |
| 19 February 2007 | |
| 13 January 2003 | |
| None[a] (Observer since 16 July 1997)[26] | |
| 19 July 1996 | |
| 30 September 2004 | |
| 29 January 1996 | |
| 30 January 1999 | |
| 13 June 2007 | |
| 10 June 2004 | |
| 14 January 2005 | |
| 23 December 2004 | |
| 31 May 1995 | |
| 11 October 1994 | |
| 10 October 2001 | |
| 8 December 1994 | |
| 12 April 2000 |
- ^ With the exception of the Holy See (for the Vatican City), observers must apply for membership within five years of becoming an observer.
Neither members or observers [edit]
The following table lists all all UN member states which are neither members nor observers of the WTO.[10]
| Country |
|---|
See also [edit]
Notes [edit]
- ^ Legal texts: the WTO agreements at World Trade Organization
- ^ a b c Membership, Alliances and Bureaucracy, World Trade Organization
- ^ a b c Accessions Summary, Center for International Development
- ^ a b c C. Michalopoulos, WTO Accession, 64
- ^ Russia's entry to WTO ends 19 years of negotiations The Guardian, 22 August 2012
- ^ a b Vanuatu:accession status at WTO official website
- ^ P. Farah, "Five Years of China's WTO Membership", 263–304
- ^ Iran and World Trade Organization at Iran Trade Law. Retrieved 12 July 2012
- ^ How to Become a Member of the WTO, World Trade Organization
- ^ a b c d e f g Members and Observers at WTO official website
- ^ http://www.wto.org/english/thewto_e/minist_e/min96_e/chrono.htm
- ^ Of the original GATT members, Syria[10][11] and the SFR Yugoslavia have not rejoined the WTO. Currently four of the SFRY republics are members: Slovenia (1994), Croatia (2000), Macedonia (2003) and Montenegro (2012). The other two (Bosnia and Herzegovina, Serbia) and Syria are observers.[10]
- ^ Jackson J. H., Sovereignty, p. 109
- ^ "Member information - Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei) and the WTO". World Trade Organization. Retrieved 2013-02-19.
- ^ a b c d "Russia becomes WTO member after 18 years of talks". BBC. 16 December 2011. Retrieved 17 December 2011.
- ^ a b Heilprin, John (17 December 2011). "Russia gets approval to join the WTO". San Francisco Chronicle. Retrieved 17 December 2011.
- ^ International Intergovernmental Organizations Granted Observer Status to WTO Bodies, World Trade Organization
- ^ "Tajikistan to become 159th WTO member". World Trade Organization. 2013-01-13. Retrieved 2013-02-19.
- ^ "Palestine - Request for Observer Status". Taiwan WTO Center. 2009-10-06. Retrieved 2012-11-03.
- ^ "Palestine - Request for Observer Status". Taiwan TWO Center. 2010-04-13. Retrieved 2012-11-03.
- ^ All member states of the European Union are also members of the WTO individually.
- ^ As
Hong Kong until 1997. - ^ As
Macau until 1999. - ^ a b Montenegro and Samoa strengthen the WTO WTO media release, 30 April 2012
- ^ "WTO Members and Accession Candidates". World Trade Organization. 2013-03. Retrieved 2013-04-23.
- ^ "Welcome to the Holy See Mission". Holy See Mission to the United Nations in Geneva. Retrieved 2013-04-24.
References [edit]
- "Accessions Gateway". World Trade Organization. Retrieved 12 July 2012.
- "Accessions News Archive". World Trade Organization. Retrieved 12 July 2012.
- Aslund, Anders (21 December 2007). "Russia's WTO Accession". Speeches, Testimony, Papers. Peter G. Peterson Institute for International Politics. Retrieved 16 March 2007.
- "Factsheet on U.S. – Russia WTO Bilateral Market Access Agreement". Office of the United States Trade Representative. 10 November 2007. Archived from the original on 27 April 2007. Retrieved 16 March 2007.
- Farah, Paolo (August 2006). "Five Years of China WTO Membership. EU and US Perspectives about China's Compliance with Transparency Commitments and the Transitional Review Mechanism". Legal Issues of Economic Integration 33 (3). Retrieved 16 March 2007.
- "How to Become a Member of the WTO". Accession: Explanation. World Trade Organization. Retrieved 16 March 2007.
- "International Intergovernmental Organizations Granted Observer Status to WTO bodies". World Trade Organization. Retrieved 16 March 2007.
- Jackson, John H. (2006). "The World Trade Organization: Structure of the Treaty and the Institution". Sovereignty, the WTO and Changing Fundamentals of International Law. Cambridge University Press. ISBN 0-521-86007-5.
- "Members and Observers". Understanding the WTO. World Trade Organization. Retrieved 16 March 2007.
- "Membership, Alliances and Bureaucracy". Understanding the WTO. World Trade Organization. Retrieved 16 March 2007.
- Michalopoulos, Constantine (2002). "WTO Accession". In Bernard M. Hoekman, Aaditya Mattoo, Philip English. Development, Trade, and the WTO: A Handbook. World Bank Publications. ISBN 0-8213-4997-X.
- "Mapping the Law of WTO Accession (by Steve Charnovitz)". SRRN. Retrieved 1 April 2007.