This contribution will concentrate on some general problems of the law of international organizations that come to the fore in the World Trade Organization (WTO), just as they do in other such organizations. In particular, there are some specific problems inherent in the structure of the WTO which deserve special attention. In connection with the structure of the WTO, there are interesting questions of the attribution of powers between the different organs of the WTO and the decision-making power of the organization in general. Connected to this are a number of issues concerning the form of WTO decisions and the powers of the Director-General, in particular in connection with agreements concluded by the organization. All these issues will be subject to a brief analysis below.

Overview of institutional structure and decision-making powers

Article II of the WTO Agreement articulates the original idea that the WTO would provide a “common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments.”

It could be said that the Ministerial Conference and its replacement organ, the General Council, incarnate this common institutional framework. According to Article IV:1, the Ministerial Conference shall carry out the functions of the WTO and take actions necessary to this effect. Moreover, according to the same provision, 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 specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreement.”