2 International Economics · 2.1 International economics: trade, institutions and growth
2.1.4 GATT to WTO: the world trading order, MFN, national treatment, agreements and dispute settlement
The world trading order moved from GATT (1947), a provisional tariff agreement for goods, to the WTO (1995), a permanent organisation covering goods, services and intellectual property, built on non-discrimination (MFN and national treatment) and a binding dispute settlement system.
- APPSC Paper I
- Advanced level
- 9 min read
- Free
Core facts
- GATT: General Agreement on Tariffs and Trade, signed at Geneva, 30 October 1947 by 23 countries; in force 1 January 1948. India was a founding member.
- GATT was an agreement, not an organisation; the planned International Trade Organization (ITO) (Havana Charter, 1948) never came into being.
- Eight GATT rounds: Geneva (1947), Annecy (1949), Torquay (1950–51), Geneva (1956), Dillon (1960–61), Kennedy (1964–67), Tokyo (1973–79), Uruguay (1986–94).
- Marrakesh Agreement establishing the WTO signed 15 April 1994 (Marrakesh, Morocco).
- WTO established 1 January 1995, headquarters Geneva. India a member from day one.
- Members: 166 (since 2024, when Comoros and Timor-Leste joined).
- Director-General: Ngozi Okonjo-Iweala (Nigeria), first woman and first African DG, since March 2021; second term from September 2025.
- Highest body: Ministerial Conference, meets at least once every two years; day-to-day: General Council (also sits as Dispute Settlement Body and Trade Policy Review Body).
- MFN (most-favoured-nation): GATT Article I; a concession to one member must be given to all.
- National treatment: GATT Article III; imported goods, once inside, treated no worse than domestic goods.
- Main agreements: GATT 1994 (goods), GATS (services), TRIPS (intellectual property), TRIMs (investment measures), Agreement on Agriculture (AoA), SPS, TBT, anti-dumping, subsidies and countervailing measures, safeguards.
- Dispute settlement: Dispute Settlement Understanding (DSU); panels, then the Appellate Body (7 members).
- Doha Development Round launched in 2001 (4th Ministerial, Doha); not concluded.
Explained
GATT and WTO compared
| Point | GATT | WTO |
|---|---|---|
| Nature | Provisional agreement | Permanent organisation |
| Members called | Contracting parties | Members |
| Coverage | Goods only | Goods, services, IPR |
| Disputes | Slow; one party could block | Binding, time-bound |
Principles of the trading system
- Non-discrimination: MFN between members and national treatment inside the border.
- Freer trade: gradual lowering of tariffs through negotiation.
- Predictability through binding: members "bind" tariffs at a ceiling (bound rate); the applied rate can be lower but not higher.
- Fair competition: rules on dumping and subsidies.
- Special and differential treatment for developing countries: longer time limits, lower commitments.
Exceptions to MFN
- Free trade areas and customs unions (GATT Article XXIV).
- Enabling Clause (1979) for preferences to developing countries, e.g. the Generalised System of Preferences (GSP).
- Anti-dumping and countervailing duties against unfair trade from a particular source.
- General exceptions (Article XX: health, conservation) and security exceptions (Article XXI).
Agreement on Agriculture: the boxes
| Box | What it covers | Limit |
|---|---|---|
| Amber | Trade-distorting support (price support, input subsidies) | Capped; de minimis 5% (developed), 10% (developing) of production value |
| Blue | Support tied to production-limiting programmes | No cap |
| Green | Minimal distortion: research, extension, food security stocks, direct income support | No cap |
Development box (Article 6.2) exempts investment and input subsidies to low-income farmers in developing countries.
Other agreements in brief
- TRIPS: minimum standards for patents, copyright, trademarks, geographical indications; India amended its Patents Act (2005) to allow product patents in pharmaceuticals.
- GATS: four modes of supply: (1) cross-border, (2) consumption abroad, (3) commercial presence, (4) movement of natural persons (India's interest).
- TRIMs: bans investment conditions that discriminate against imports, such as local content requirements.
- SPS / TBT: food safety, animal and plant health; technical standards and labelling.
- Trade Policy Review Mechanism: regular review of each member's trade policies.
Dispute settlement steps
- Consultations (60 days).
- Panel of three (normally reports within about 6 months).
- Appeal to the Appellate Body, on points of law only.
- Report adopted by the Dispute Settlement Body unless all members agree to reject it (negative or reverse consensus).
- Compliance; if not, compensation or authorised retaliation.
Deeper
- Uruguay Round results: created the WTO; brought agriculture and textiles under rules (the Multi-Fibre Arrangement was phased out by 1 January 2005); added services, IPR and investment measures.
- Single undertaking: members accept nearly all agreements as one package. Exceptions are plurilateral agreements, such as the Government Procurement Agreement (India is an observer, not a party) and Civil Aircraft.
- Appellate Body crisis: since 11 December 2019 it has lacked the minimum three members, because the United States blocks new appointments. Appeals "into the void" leave panel reports unadopted. A group led by the EU formed the Multi-Party Interim Appeal Arbitration Arrangement (MPIA, 2020); India has not joined.
- India's cases: the quantitative restrictions case (US complaint) went against India in 1999; India removed balance-of-payments QRs by April 2001. India also faced challenges on sugar subsidies and export incentive schemes (MEIS was replaced by RoDTEP in 2021).
- Ministerial milestones
| Year | Place | Outcome |
|---|---|---|
| 2001 | Doha | Doha Development Agenda; TRIPS and public health declaration |
| 2013 | Bali | Trade Facilitation Agreement (in force 22 Feb 2017); interim peace clause on public stockholding |
| 2015 | Nairobi | End of agricultural export subsidies |
| 2022 | Geneva (MC12) | Fisheries subsidies agreement; TRIPS waiver for COVID-19 vaccines |
| 2024 | Abu Dhabi (MC13) | E-commerce duty moratorium extended; accessions of Comoros and Timor-Leste approved (members from August 2024) |
- Peace clause: India's public stockholding for food security (MSP procurement) is protected from disputes even if it breaches the amber box limit; made indefinite in November 2014 until a permanent solution.
- Fisheries subsidies agreement (first phase: illegal, unreported and unregulated fishing, overfished stocks) entered into force on 15 September 2025.
Common traps
- ✗ "GATT was an organisation like the IMF." ✓ It was an agreement; the ITO failed. The WTO is the organisation.
- ✗ "The WTO was set up in 1994." ✓ Agreement signed 15 April 1994; WTO began 1 January 1995.
- ✗ "The Uruguay Round was the first round." ✓ It was the eighth; the first was Geneva 1947.
- ✗ "MFN means special favours to one country." ✓ It means equal treatment of all members.
- ✗ "National treatment applies at the border to tariffs." ✓ It applies after goods enter (internal taxes and rules); tariffs at the border are allowed.
- ✗ "Green box subsidies are capped." ✓ Amber box support is capped; green box is not.
- ✗ "India is a party to the Government Procurement Agreement." ✓ India is an observer.
- ✗ "WTO headquarters is in New York." ✓ Geneva.
Quick revision
- GATT: 30 Oct 1947, Geneva, 23 countries, in force 1 Jan 1948.
- Eight rounds; last = Uruguay (1986–94).
- Marrakesh 15 Apr 1994; WTO from 1 Jan 1995, Geneva.
- MFN = Art. I; national treatment = Art. III; FTAs = Art. XXIV.
- Agreements: GATT 1994, GATS, TRIPS, TRIMs, AoA, SPS, TBT.
- AoA boxes: amber capped (de minimis 10% developing), blue and green not.
- DSU: consultations, panel, Appellate Body; reverse consensus.
- Appellate Body non-functional since Dec 2019.
- Doha Round 2001; Bali TFA 2013 (in force 2017).
- DG Ngozi Okonjo-Iweala; 166 members.
Go deeper: Mains writing (beyond what APPSC Paper I usually asks)
Mains writing Mains writing
- Frame: the WTO gave rules-based, non-discriminatory trade; its negotiating and dispute functions are now weak.
- Gains for India: stable market access, a forum where small economies can challenge large ones, services and IT growth.
- Concerns: agricultural subsidy rules based on 1986–88 reference prices; TRIPS and access to medicines; developed countries' non-tariff barriers.
- Present stress: stalled Doha Round, Appellate Body paralysis, rise of mega-regional FTAs and unilateral tariffs.
- Way forward: restore two-tier dispute settlement, a permanent solution on public stockholding, keep special and differential treatment, and combine WTO work with balanced bilateral FTAs.
Practise this topic. Questions on Bretton Woods, IMF, World Bank & WTO, with answers explained.
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