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建立世界贸易组织的协议 (中英文-第3部分

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s may be decided by the Ministerial Conference。

3。 The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the 〃Dispute Settlement Understanding〃 or 〃DSU〃) in Annex 2 to this Agreement。

4。 The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the 〃TPRM〃) provided for in Annex 3 to this Agreement。

5。 With a view to achieving greater coherence in global economic policy…making; the WTO shall cooperate; as appropriate; with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies。


Article IV

Structure of the WTO

1。 There shall be a Ministerial Conference posed of representatives of all the Members; which shall meet at least once every two years。 The Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect。 The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements; if so requested by a Member; in accordance with the specific requirements for decision…making in this Agreement and in the relevant Multilateral Trade Agreement。

2。 There shall be a General Council posed of representatives of all the Members; which shall meet as appropriate。 In the intervals between meetings of the Ministerial Conference; its functions shall be conducted by the General Council。 The General Council shall also carry out the functions assigned to it by this Agreement。 The General Council shall establish its rules of procedure and approve the rules of procedure for the mittees provided for in paragraph 7。

3。 The General Council shall convene as appropriate to discharge the responsibilities of the Dispute Settlement Body provided for in the Dispute Settlement Understanding。 The Dispute Settlement Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities。

4。 The General Council shall convene as appropriate to discharge the responsibilities of the Trade Policy Review Body provided for in the TPRM。 The Trade Policy Review Body may have its own chairman and shall establish such rules of procedure as it deems necessary for the fulfilment of those responsibilities。

5。 There shall be a Council for Trade in Goods; a Council for Trade in Services and a Council for Trade…Related Aspects of Intellectual Property Rights (hereinafter referred to as the 〃Council for TRIPS〃); which shall operate under the general guidance of the General Council。 The Council for Trade in Goods shall oversee the functioning of the Multilateral Trade Agreements in Annex 1A。 The Council for Trade in Services shall oversee the functioning of the General Agreement on Trade in Services (hereinafter referred to as 〃GATS〃)。 The Council for TRIPS shall oversee the functioning of the Agreement on Trade…Related Aspects of Intellectual Property Rights (hereinafter referred to as the 〃Agreement on TRIPS〃)。 These Councils shall carry out the functions assigned to them by their respective agreements and by the General Council。 They shall establish their respective rules of procedure subject to the approval of the General Council。 Membership in these Councils shall be open to representatives of all Members。 These Councils shall meet as necessary to carry out their functions。

6。 The Council for Trade in Goods; the Council for Trade in Services and the Council for TRIPS shall establish subsidiary bodies as required。 These subsidiary bodies shall establish their respective rules of procedure subject to the approval of their respective Councils。

7。 The Ministerial Conference shall establish a mittee on Trade and Development; a mittee on Balance…of…Payments Restrictions and a mittee on Budget; Finance and Administration; which shall carry out the functions assigned to them by this Agreement and by the Multilateral Trade Agreements; and any additional functions assigned to them by the General Council; and may establish such additional mittees with such functions as it may deem appropriate。 As part of its functions; the mittee on Trade and Development shall periodically review the special provisions in the Multilateral Trade Agreements in favour of the least…developed country Members and report to the General Council for appropriate action。 Membership in these mittees shall be open to representatives of all Members。

8。 The bodies provided for under the Plurilateral Trade Agreements shall carry out the functions assigned to them under those Agreements and shall operate within the institutional framework of the WTO。 These bodies shall keep the General Council informed of their activities on a regular basis。


Article V

Relations with Other Organizations

1。 The General Council shall make appropriate arrangements for effective cooperation with other intergovernmental organizations that have responsibilities related to those of the WTO。

2。 The General Council may make appropriate arrangements for consultation and cooperation with non…governmental organizations concerned with matters related to those of the WTO。


Article VI

The Secretariat

1。 There shall be a Secretariat of the WTO (hereinafter referred to as _the Secretariat_) headed by a Director…General。

2。 The Ministerial Conference shall appoint the Director…General and adopt regulations setting out the powers; duties; conditions of service and term of office of the Director…General。

3。 The Director…General shall appoint the members of the staff of the Secretariat and determine their duties and conditions of service in accordance with regulations adopted by the Ministerial Conference。

4。 The responsibilities of the Director…General and of the staff of the Secretariat shall be exclusively international in character。 In the discharge of their duties; the Director…General and the staff of the Secretariat shall not seek or accept instructions from any government or any other authority external to the WTO。 They shall refrain from any action which might adversely reflect on their position as international officials。 The Members of the WTO shall respect the international character of the responsibilities of the Director…General and of the staff of the Secretariat and shall not seek to influence them in the discharge of their duties。


Article VII

Budget and Contributions

1。 The Director…General shall present to the mittee on Budget; Finance and Administration the annual budget estimate and financial statement of the WTO。 The mittee on Budget; Finance and Administration shall review the annual budget estimate and the financial statement presented by the Director…General and make remendations thereon to the General Council。 The annual budget estimate shall be subject to approval by the General Council。

2。 The mittee on Budget; Finance and Administration shall propose to the General Council financial regulations which shall include provisions setting out:

(a) the scale of contributions apportioning the expenses of the WTO among its Members; and

(b) the measures to be taken in respect of Members in arrears。

The financial regulations shall be based; as far as practicable; on the regulations and practices of GATT 1947。

3。 The General Council shall adopt the financial regulations and the annual budget estimate by a two…thirds majority prising more than half of the Members of the WTO。

4。 Each Member shall promptly contribute to the WTO its share in the expenses of the WTO in accordance with the financial regulations adopted by the General Council。


Article VIII

Status of the WTO

1。 The WTO shall have legal personality; and shall be accorded by each of its Members such legal capacity as may be necessary for the exercise of its functions。

2。 The WTO shall be accorded by each of its Members such privileges and immunities as are necessary for the exercise of its functions。

3。 The officials of the WTO and the representatives of the Members shall similarly be accorded by each of its Members such privileges and immunities as are necessary for the independent exercise of their functions in connection with the WTO。

4。 The privileges and immunities to be accorded by a Member to the WTO; its officials; and the representatives of its Members shall be similar to the privileges and immunities stipulated in the Convention on the Privileges and Immunities of the Specialized Agencies; approved by the General Assembly of the United Nations on 21 November 1947。

5。 The WTO may conclude a headquarters agreement。


Article IX

Decision…Making

1。 The WTO shall continue the practice of decision…making by consensus followed under GATT 1947。 Except as otherwise provided; where a decision cannot be arrived at by consensus; the matter at issue shall be decided by voting。 At meetings of the Ministerial Conference and the General Council; each Member of the WTO shall have one vote。 Where the European munities exercise their right to vote; they shall have a number of votes equal to the number of their member States which are Members of the WTO。 Decisions of the Ministerial Conference and the General Council shall be 
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