马拉喀什建立世界贸易组织协定英汉对照.docx

1、马拉喀什建立世界贸易组织协定英汉对照Marrakesh Agreement Establishing the World Trade Organization马拉喀什建立世界贸易组织协定（英汉对照）The Parties to this Agreement,本协议各成员Recognizing that their relations in the field of trade and economic endeavour should be conducted with a view to raising standards of living, ensuring full employmen

2、t and a large and steadily growing volume of real income and effective demand, and expanding the production of and trade in goods and services, while allowing for the optimal use of the worlds resources in accordance with the objective of sustainable development, seeking both to protect and preserve

3、 the environment and to enhance the means for doing so in a manner consistent with their respective needs and concerns at different levels of economic development,承认其贸易和经济关系的发展，应旨在提高生活水平，保证充分就业和大幅度稳步提高实际收入和有效需求，扩大货物与服务的生产和贸易，为持续发展之目的扩大对世界资源的充分利用，保护和维护环境，并以符合不同经济发展水平下各自需要的方式，加强采取各种相应的措施；Recognizing f

4、urther that there is need for positive efforts designed to ensure that developing countries, and especially the least developed among them, secure a share in the growth in international trade commensurate with the needs of their economic development,进一步承认有必要作出积极的努力，以确保发展中国家，尤其是最不发达国家，在国际贸易增长中获得与其经济发

5、展相应的份额；Being desirous of contributing to these objectives by entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations,期望通过达成互惠互利的安排，

6、切实降低关税和其它贸易壁垒，在国际贸易关系中消除歧视待遇，为实现上述目标作出贡献；Resolved, therefore, to develop an integrated, more viable and durable multilateral trading system encompassing the General Agreement on Tariffs and Trade, the results of past trade liberalization efforts, and all of the results of the Uruguay Round of Multil

7、ateral Trade Negotiations,从而决心建立一个完整的、更有活力的和持久的多边贸易体系，以包括关税与贸易总协定、以往贸易自由化努力的成果和乌拉圭回合多边贸易谈判的所有成果；Determined to preserve the basic principles and to further the objectives underlying this multilateral trading system,决心保持该多边贸易体制的基本原则和加强该体制的目标；Agree as follows:协议如下：Article I Establishment of the Organiz

8、ation 第一条 组织的建立The World Trade Organization (hereinafter referred to as “the WTO”) is hereby established. 建立世界贸易组织（以下简称WTO）Article II Scope of the WTO第二条 WTO的范围1. The WTO shall provide the common institutional framework for the conduct of trade relations among its Members in matters related to the a

9、greements and associated legal instruments included in the Annexes to this Agreement.1WTO应为其成员从事与本协议各附件中的协议及其法律文件有关的贸易关系，提供共同的体制框架。 2. The agreements and associated legal instruments included in Annexes 1, 2 and 3 (hereinafter referred to as “Multilateral Trade Agreements”) are integral parts of thi

10、s Agreement, binding on all Members. 2附件一、附件二和附件三中的各协议及其法律文件(以下称“多边贸易协议”)均是本协议的组成部分，并约束所有成员。3. The agreements and associated legal instruments included in Annex 4 (hereinafter referred to as “Plurilateral Trade Agreements”) are also part of this Agreement for those Members that have accepted them, a

11、nd are binding on those Members. The Plurilateral Trade Agreements do not create either obligations or rights for Members that have not accepted them. 3本规定附件四中各协议及其法律文件(以下称“诸边贸易协议”)，对接受诸边贸易协议的成员而言，也是本协议的部分，并约束这些成员。对未接受诸边贸易协议的成员，诸边贸易协议不产生任何权利义务。4. The General Agreement on Tariffs and Trade 1994 as sp

12、ecified in Annex 1A (hereinafter referred to as “GATT 1994”) is legally distinct from the General Agreement on Tariffs and Trade, dated 30 October 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

13、 Employment, as subsequently rectified, amended or modified (hereinafter referred to as “GATT 1947”).4附件一(1)中的关税与贸易总协定(以下称1994年关贸总协定）在法律上区别于1947年10月30日签订的关税与贸易总协定，后者附着于联合国贸易与就业预备会议第二次会议结束通过的最后文件，及其后来经核准、修正和修改的文本。Article III Functions of the WTO 第三条 WTO的职能1.The WTO shall facilitate the implementation

14、, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide the framework for the implementation, administration and operation of the Plurilateral Trade Agreements.1WTO应促进本协议和多边贸易协议的执行、管理、运作，以及进一步实现各协议的目标，并对诸边贸易协议的执行、

15、管理和运作提供框架。2. The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their mult

16、ilateral trade relations, and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference. 2WTO应为各成员处理与本协议各附件有关的多边贸易关系提供谈判场所。如果部长会议作出决定，WTO还可为各成员的多边贸易关系的进一步谈判提供场所，并为执行该谈判的结果提供框架。3. The WTO shall administer the Understanding on Rules and Pro

17、cedures Governing the Settlement of Disputes (hereinafter referred to as the “Dispute Settlement Understanding” or “DSU”) in Annex 2 to this Agreement. 3WTO应管理实施本协议附件二有关争端解决的规则与程序的谅解(以下称“争端解决谅解”或“DSU”)。4. The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the “TPR

18、M”) provided for in Annex 3 to this Agreement.4WTO管理实施附件三的贸易政策评审机制，WTO应和国际货币基金和国际复兴和发展银行及其附属机构进行适当的合作，以更好地协调制订全球经济政策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

19、 Bank for Reconstruction and Development and its affiliated agencies. 5为实现全球经济决策的更大一致性，世贸组织应酌情与国际货币基金组织和国际复兴开发银行及其附属机构进行合作。Article IV Structure of the WTO 第四条 世贸组织的机构There shall be a Ministerial Conference composed of representatives of all the Members, which shall meet at least once every two years

20、. 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 sp

21、ecific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement. 1设立由所有成员的代表组成的部长级会议，应至少每2年召开一次会议。部长级会议应履行世贸组织的职能，并为此采取必要的行动。如一成员提出请求，部长级会议有权依照本协定和有关多边贸易协定中关于决策的具体要求，对任何多边贸易协定项下的所有事项作出决定。2. There shall be a General Council composed of representatives of all

22、 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 ru

23、les of procedure and approve the rules of procedure for the Committees provided for in paragraph 7. 2设立由所有成员的代表组成的总理事会，酌情召开会议。在部长级会议休会期间，其职能应由总理事会行使。总理事会还应行使本协定指定的职能。总理事会应制定自己的议事规则，并批准第7款规定的各委员会的议事规则。3. The General Council shall convene as appropriate to discharge the responsibilities of the Dispute

24、 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.3总理事会应酌情召开会议，履行争端解决谅解规定的争端解决机构的职责。争端解决机构可有自己的主席，并制定其认为履行这些职责所必需的

25、议事规则。 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 r

26、esponsibilities. 4总理事会应酌情召开会议，履行TPRM中规定的贸易政策审议机构的职责。贸易政策审议机构可有自己的主席，并应制定其认为履行这些职责所必需的议事规则。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”), whic

27、h 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

28、 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 a

29、nd 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. 5设立货物贸易理事会、服务贸易理事会和与贸

30、易有关的知识产权理事会（下称 TRIPS理事会），各理事会应根据总理事会的总体指导运作。货物贸易理事会应监督附件1A所列多边贸易协定的实施情况。服务贸易理事会应监督服务贸易总协定（下称GATS）的实施情况。TRIPS理事会应监督与贸易有关的知识产权协定（下称TRIPS协定）的实施情况。各理事会应履行各自协定和总理事会指定的职能。它们应自行制定各自的议事规则，但需经总理事会批准。各理事会的成员资格应对所有成员的代表开放。各理事会应在必要时召开会议，以行使其职能。6. The Council for Trade in Goods, the Council for Trade in Services

31、 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. 6货物贸易理事会、服务贸易理事会和 TRIPS理事会应按要求设立附属机构。各附属机构应自行制定各自的议事规则，但需经各自的理事会批准。7. The Ministerial Conference

32、 shall establish a Committee on Trade and Development, a Committee on Balance-of-Payments Restrictions and a Committee 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 Committees with such functions as it may deem appropriate. As part of its functions, the Committee on Trade and Development shall periodically review the special provision