The World Trade Organization (WTO) is most importantly, or at least traditionally, was the facilitator of negotiations. This is very much what the General Agreement on Tariffs and Trade (GATT) had done, before it helped arrange the set of actual negotiations, put together an agenda, really facilitate. They do not write the rules for the negotiations or the final agreements, that is the role of government. Instead, the WTO helps countries and governments come up with an agreement. A very important aspect of this in the GATT and WTO, is that there is a required consensus for any changes in the basic WTO system. Once there is a change at the Uruguay round for example, it has to be agreed to by everybody. It is a very democratic operation, once in, a member can stop changes from going forth. It is sort of like the Security Council at the United Nations, where every member has a veto.
The question requires a discussion on the role of ‘like products’ under WTO law. Won Mog Choi in “Like Products\’ in International Trade Law: Towards a Consistent GATT/WTO Jurisprudence” states that ‘\”like products\” is one of the most important topics of international trade law. When two products are \”like,\” then various disciplines of the World Trade Organization (WTO) come into play to govern the treatment that a WTO member government owes to another WTO member with regard to goods, services, and intellectual property. Treatment means the way that one member (typically the importing state) applies domestic regulations, taxes, and tariffs.’
...(download the rest of the essay above)