World Trade Organization accession and membership
The original members of the World Trade Organization are the parties to the GATT after ratifying the Agreement establishing the World Trade Organization and the European Communities. They obtained this status at the entry into force on 1 January 1996 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.1 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.2
As is typical of WTO procedures, an offer of accession is only given once consensus is reached among interested parties.3 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 was that of China, lasting 15 years and 5 months.4 Russia, having first applied to join the General Agreement on Tariffs and Trade (GATT) in 1993, has been accepted for membership in December 2011, and will enter 30 days following ratification.5 Iran is currently the largest economy outside of the WTO (and was the second-largest prior to Russia's admission).6
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Accession process
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.1 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.3 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.3 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.2
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.1
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.7 The documents used in the accession process which are embargoed during the accession process are released once the nation becomes a member.2
Members and observers
The WTO has 155 members8 (almost all of the 123 nations participating in the Uruguay Round signed on at its foundation, and the rest had to get membership). The 27 states of the European Union are represented also as the European Communities. Some non-sovereign autonomous entities of member states are included as separate members, 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). 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)".9
Tonga was admitted on 15 December 2005 during the ministerial conference. On 11 January 2007, Vietnam became the 150th WTO member state.10 Tonga finalized ratification of the admittance in July 2007, and thus became the 151st member state. Ukraine became the 152nd member state on 16 May 2008. Cape Verde joined on 23 July 2008 as the 153rd member state. Subsequently, Vanuatu,11 Russia, Montenegro and Samoa have been admitted, bringing the number of members to 156, subject to those countries' ratification.
A number of non-members have been observers (25, including Russia) at the WTO and are currently negotiating their membership: Afghanistan, Algeria, Andorra (negotiations frozen since 2003), Azerbaijan, Bahamas, Belarus, Bhutan, Bosnia and Herzegovina, Comoros, Equatorial Guinea, Ethiopia, Holy See (Vatican; special exception from the rules allows it to remain observer without starting negotiations), Iran,12 Iraq, Kazakhstan, Laos, Lebanon, Libya, São Tomé and Príncipe, Serbia, Seychelles, Sudan, Syria,13 Tajikistan, Uzbekistan and Yemen. With the exception of the Holy See, observers must start 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.14
The following states so far have no official interaction with the WTO: Cook Islands, East Timor, Eritrea, Kiribati, Marshall Islands, Micronesia, Monaco, Nauru, Niue, North Korea, Palau, San Marino, Somalia, South Sudan, Turkmenistan, Tuvalu and all the states with limited recognition except Taiwan.
Russia was the only large economy outside of the WTO after China joined in 2001.1516 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.1516
Accession to membership of Montenegro and Samoa was adopted on 17 December 2011.17 Montenegro ratified its accession package on 30 March 2012 and became a fully-fledged member on 29 April 2012. Samoa became a member on 10 May 2012.18
List of members and accession dates
The following table lists all current members and their accession date.19
| 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 | |
| 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 | |
| 17 December 2011 | |
| 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 | |
| 16 December 2011 (Ratification pending)22 | |
| 22 May 1996 | |
| 21 February 1996 | |
| 1 January 1995 | |
| 1 January 1995 | |
| 17 December 201118 | |
| 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 | |
| 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 | |
| 26 October 2011 | |
| 1 January 1995 | |
| 11 January 2007 | |
| 1 January 1995 | |
| 5 March 1995 |
See also
Notes
- ^ 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
- ^ P. Farah, "Five Years of China's WTO Membership", 263–304
- ^ Ministerial Conference approves Russia’s WTO membership WTO News Item, 16 December 2011
- ^ http://www.irantradelaw.com/?page_id=5
- ^ How to Become a Member of the WTO, World Trade Organization
- ^ To become 156 on the pending accession of Russia. See Members and Observers at WTO official website
- ^ J.H. Jackson, Sovereignty, 109
- ^ For an updated list of WTO members, see here Members and Observers, World Trade Organization
- ^ WTO welcomes Vanuatu as a new member WTO News Item, 26 October 2011
- ^ Iran first applied to join the WTO in 1996, but From July 1996 to May 2001, Iran's application had not been considered, mainly as a result of US objections and the US veto power in the WTO Council. From May 2001 Iran's application for WTO membership has been brought up 22 times. At the 22nd time on 26 May 2005, it was accepted as an observer member.
- ^ Syria first applied to join the WTO in October 2001, then again in January 2004 and September 2005. WTO General Council approval to start negotiations for membership was granted in May 2010 after lifting of US objections.; http://www.ynetnews.com/articles/0,7340,L-3884996,00.html
- ^ International Intergovernmental Organizations Granted Observer Status to WTO Bodies, World Trade Organization
- ^ a b c d "Russia becomes WTO member after 18 years of talks". BBC. 16 December 2011. http://www.bbc.co.uk/news/business-16212643. Retrieved 17 December 2011.
- ^ a b Heilprin, John (17 December 2011). "Russia gets approval to join the WTO". San Francisco Chronicle. http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/12/16/MN1A1MDGSK.DTL. Retrieved 17 December 2011.
- ^ WTO membership of Montenegro and Samoa approved WTO News Item, 17 December 2011.
- ^ a b c Montenegro and Samoa strengthen the WTO WTO media release, 30 April 2012
- ^ It should be noted that the official WTO page Members and Observers is not regularly and promptly updated.
- ^ As
Hong Kong until 1997. - ^ As
Macau until 1999. - ^ Accessions: Russian Federation at WTO official website
References
- Aslund, Anders (21 December 2007). "Russia's WTO Accession". Speeches, Testimony, Papers. Peter G. Peterson Institute for International Politics. http://www.iie.com/publications/papers/paper.cfm?ResearchID=686. 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. http://web.archive.org/web/20070427065309/http://www.ustr.gov/Document_Library/Fact_Sheets/2006/Factsheet_on_US_Russia_WTO_Bilateral_Market_Access_Agreement.html. 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). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=916768. Retrieved 16 March 2007.
- "How to Become a Member of the WTO". Accession: Explanation. World Trade Organization. http://www.wto.org/english/thewto_e/acc_e/acces_e.htm. Retrieved 16 March 2007.
- "International Intergovernmental Organizations Granted Observer Status to WTO bodies". World Trade Organization. http://www.wto.org/english/thewto_e/igo_obs_e.htm. 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. http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm. Retrieved 16 March 2007.
- "Membership, Alliances and Bureaucracy". Understanding the WTO. World Trade Organization. http://www.wto.org/english/thewto_e/whatis_e/tif_e/org3_e.htm#join. 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. http://publications.worldbank.org/catalog/content-download?revision_id=1526166.
- "Mapping the Law of WTO Accession (by Steve Charnovitz)". SRRN. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=957651&high=%20charnovitz. Retrieved 1 April 2007.