The World Trade Organization

         Home             About                  Links                  Contact

 

The negotiating framework produced at Bretton Woods that was to have become the organizational framework for the ITO became known as the General Agreement on Trade and Tariffs.1 Even though it was provisional, GATT was used over the next 44 years as the framework for trade rounds that ultimately led to the final agreement signed in Marrakesh in 1994, ratified by the U.S. Senate.   Trade Rounds were also known by the location where the round was initiated.  The final round that created the World Trade Organization was the Uruguay Round.

International Economics Study Center, The WTO: An Historical, Legal and Organizational Overview

 

  

Uruguay Round Agreements Act

December 8, 1994

President William J. Clinton signed the Uruguay Round Agreements  Act of 1994. It became Public Law 103-465

The legislation was H.R. 5110, passed by the House on November 29, 1994 and by the Senate on December 1, 1994.

The Senate Debate, Statements and Vote

Definitions (1) GATT 1947; GATT 1994-

(A) GATT 1947- The term `GATT 1947' means the General Agreement on Tariffs and Trade, dated October 30, 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement.

(B) GATT 1994- The term `GATT 1994' means the General Agreement on Tariffs and Trade annexed to the WTO Agreement.

(3) INTERNATIONAL TRADE COMMISSION- The term `International Trade Commission' means the United States International Trade Commission.

(9) WTO AGREEMENT- The term `WTO Agreement' means the Agreement Establishing the World Trade Organization entered into on April 15, 1994.
 

TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,
THE URUGUAY ROUND AGREEMENTS

Subtitle A--Approval of Agreements and Related Provisions

SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE URUGUAY ROUND AGREEMENTS.



(a) APPROVAL OF AGREEMENTS AND STATEMENT OF ADMINISTRATIVE ACTION- Pursuant to section 1103 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 2903) and section 151 of the Trade Act of 1974 (19 U.S.C. 2191), the Congress approves--

(1) the trade agreements described in subsection (d) resulting from the Uruguay Round of multilateral trade negotiations under the auspices of the General Agreement on Tariffs and Trade, entered into on April 15, 1994, and submitted to the Congress on September 27, 1994; and

(2) the statement of administrative action proposed to implement the agreements that was submitted to the Congress on September 27, 1994.


(b) ENTRY INTO FORCE- At such time as the President determines that a sufficient number of foreign countries are accepting the obligations of the Uruguay Round Agreements, in accordance with article XIV of the WTO Agreement, to ensure the effective operation of, and adequate benefits for the United States under, those Agreements, the President may accept the Uruguay Round Agreements and implement article VIII of the WTO Agreement.

(d) TRADE AGREEMENTS TO WHICH THIS ACT APPLIES- Subsection (a) applies to the WTO Agreement and to the following agreements annexed to that Agreement:

(1) The General Agreement on Tariffs and Trade 1994.

(2) The Agreement on Agriculture.

(3) The Agreement on the Application of Sanitary and Phytosanitary Measures.

(4) The Agreement on Textiles and Clothing.

(5) The Agreement on Technical Barriers to Trade.

(6) The Agreement on Trade-Related Investment Measures.

(7) The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.

(8) The Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994.


(9) The Agreement on Preshipment Inspection.

(10) The Agreement on Rules of Origin.

(11) The Agreement on Import Licensing Procedures.

(12) The Agreement on Subsidies and Countervailing Measures.

(13) The Agreement on Safeguards.

(14) The General Agreement on Trade in Services.

(15) The Agreement on Trade-Related Aspects of Intellectual Property Rights.

(16) The Understanding on Rules and Procedures Governing the Settlement of Disputes.

(17) The Agreement on Government Procurement.

(18) The International Bovine Meat Agreement.


SEC. 102. RELATIONSHIP OF THE AGREEMENTS TO UNITED STATES LAW AND STATE LAW.

(a) RELATIONSHIP OF AGREEMENTS TO UNITED STATES LAW-

(1) UNITED STATES LAW TO PREVAIL IN CONFLICT- No provision of any of the Uruguay Round Agreements, nor the application of any such provision to any person or circumstance, that is inconsistent with any law of the United States shall have effect.

(2) CONSTRUCTION- Nothing in this Act shall be construed--

(A) to amend or modify any law of the United States, including any law relating to--

(i) the protection of human, animal, or plant life or health,

(ii) the protection of the environment, or

(iii) worker safety, or

(B) to limit any authority conferred under any law of the United States, including section 301 of the Trade Act of 1974, unless specifically provided for in this Act.

(b) RELATIONSHIP OF AGREEMENTS TO STATE LAW-

(1) FEDERAL-STATE CONSULTATION-

(A) IN GENERAL- Upon the enactment of this Act, the President shall, through the intergovernmental policy advisory committees on trade established under section 306(c)(2)(A) of the Trade and Tariff Act of 1984 (19 U.S.C. 2114c(2)(A)), consult with the States for the purpose of achieving conformity of State laws and practices with the Uruguay Round Agreements.

(B) FEDERAL-STATE CONSULTATION PROCESS- The Trade Representative shall establish within the Office of the United States Trade Representative a Federal-State consultation process for addressing issues relating to the Uruguay Round Agreements that directly relate to, or will potentially have a direct effect on, the States. The Federal-State consultation process shall include procedures under which--


(2) LEGAL CHALLENGE-

(A) IN GENERAL- No State law, or the application of such a State law, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with any of the Uruguay Round Agreements, except in an action brought by the United States for the purpose of declaring such law or application invalid.

 

 

Additional Reading: 

 

 

 
______________________________

1 Marcus Noland, Peterson Institute for International Economics, Speech: ‘Understanding the World Trade Organization’, February 16, 2000, http://www.iie.com/publications/papers/paper.cfm?ResearchID=369

 

1 International Labour Organization, ‘Text of the Constitution’, http://www.ilo.org/ilolex/english/iloconst.htm
2 The American Presidency Project, President Harry S. Truman, Document #126, ‘Special Message to the Senate Transmitting a Convention of the International Labor Conference’, June 24, 1947 http://www.presidency.ucsb.edu/ws/index.php?pid=12681
3 International Monetary Fund Website, James M. Boughton, October 1, 2001, Silent Revolution: The International Monetary Fund 1979-1989, Chapter 20, Page 3,   http://www.imf.org/external/pubs/ft/history/2001/ch20.pdf
4 International Monetary Fund website, Archives, Bretton Woods Conference Collection, Bretton Woods Conference Files,
http://www.imf.org/external/np/arc/eng/fa/BWC/s4.htm

5 The American Presidency Project, President Harry S. Truman, Document #88, "Special Message to the Congress Transmitting the Charter for the International Trade Organization’, April 28, 1949 http://www.presidency.ucsb.edu/ws/index.php?pid=13443 
6 Marcus Noland, Peterson Institute for International Economics, Speech: ‘Understanding the World Trade Organization’, February 16, 2000, http://www.iie.com/publications/papers/paper.cfm?ResearchID=369