Welcome to our presentation

Topic: PREAMBLE OF WTO

md.Saiful islamId-141-26-56720th batchDepartmant of law Daffodil internation universityDhaka,bangladesh.

History of WTO

What is preamble A preamble is an introductory and

expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law.

Is it a part of Constitution• Important Part of the constitution (See Article

7B)• It is pole-star of constitution• It is basic structure of constitution

[Anwar Hossain Chowdhury v Bangladesh 41 DLR (AD )165]

operative part? • Traditionally, it is not considered to be an

operative part. (Berubari Case)(Reasons: Not essential for maintaining constitutional fabric, not a source of power & it is not mandatory to have a preamble in any statute)Powell vs kempton park race course co.Lord halsbury say…….

Keshavananda Bharati v State of Kerala (AIR 1973 SC 1461): It is an operative partAnwar Hossain Chowdhury v Bangladesh{ 41 DLR (AD)165}: Operative part

Tuesday, May 2, 2023 Constitutional Law of Bangladesh | Presentation by ARNAB/PCIU/LLB00305037

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SIGNIFICANCE OF THE PREAMBLE

The Preamble bears no legal significance, but it has other important significance which is sometimes more than the legal importance.

• Great interpretative value and reflection of basic philosophy behind.• If any provision offers two or more meaning, preamble can be used

to choose the appropriate meaning.• If the language is clear and unambiguous, it can’t be used to modify

the language of the constitution.• But a principle laid down in the constitution may not be followed

and that action cannot be attacked simply on the ground of violation of preamble.

• It comes only to aid only when it is challenged on any other substantive provision of the constitution.

The preamble or the philosophy of the Bangladesh Constitution

• It is law full base of constitution “we the people of Bangladesh…..”• it is command moral base of constitution “our sacred duty to safegard,protection and

defend this……….”• It determines the aim of state“it shall be fundamental aim of state to realise

……..”

Preamble of WTO• Raising standard of living• Ensuring full employment• Real income and effective demand• Expanding the production of trade in goods

and services• Optimal use of world resources• Sustainable development• Protection and preservation of the

environment

• Ensuring the development of the developing countries and their growth in international trade.

• Sustainable reduction of tariffs and other barriers to trade.

• Elimination of discriminatory treatment.• To develop an integrated ,viable and durable

in multilateral trading system and• Presentation of the basic principles of

multinational trading.

Principals of the WTO• Most favored nation(MFN) treatment.• National treatment.• Protection through tariffs.• Bound tariffs.

WTO guidelines• Trade without discrimination.• Predictable and growing market access.• Promoting fair competition, and• Encouraging development and economic

reform.

STRUCTURES OF WTO

Ministerial Conference

General CouncilDispute

Settlement BodyTrade Policy Review Body

Goods Council Intellectual Property Council Services Council

The Committee on T&D and

T&E

Criticism of WTO