《建立世界贸易组织的协议 (中英文》

下载本书

添加书签

建立世界贸易组织的协议 (中英文- 第5节


按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
erial Conference may decide by a three…fourths majority of the Members that any amendment made effective under this paragraph 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。

4。 Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C; other than those listed in paragraphs 2 and 6; of a nature that would not alter the rights and obligations of the Members; shall take effect for all Members upon acceptance by two thirds of the Members。

5。 Except as provided in paragraph 2 above; amendments to Parts I; II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it。 The Ministerial Conference may decide by a three…fourths majority of the 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 Agreeme
小提示:按 回车 [Enter] 键 返回书目,按 ← 键 返回上一页, 按 → 键 进入下一页。 赞一下 添加书签加入书架