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This document briefly outlines
history, objectives
and workings of the World Trade Organization (WTO).
In some
cases, it points at some critical issues and suggests possible
improvements to the existing WTO agreements, but its purpose simply
is to brief you what is the WTO and how does it works? Finally, you
will find a section to brief you on Pakistan’s engagement in the
WTO.
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People have traded with each other for centuries in order to
overcome local scarcity of goods. For example, the Pakistan does
not have a climate suitable for growing coconut and palms, and
therefore Pakistan needs to import coconut and palm oil from abroad.
Other reasons for trade include:
-
increased power and national influence:
-
promoting foreign policy goals;
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cultural/social reasons;
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economic development.
Although largely between individuals or companies,
governments have played a significant role in trade, often
controlling it through either the use of force or the use of
tariffs, subsidies or regulations. Policies to intervene in the
trade system and support domestic industries are known as
‘protectionism' while policies that deregulate trade and aim for
non-intervention are known as trade liberalization or ‘free trade'.
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Free trade means a
market free of tariffs and import quotas on goods. This definition
is based on the notion that market is the best device to ensure
producers’ a good return and consumers’ access to good products at
the best price. The final goal of eliminating tariff barriers and
national protection mechanisms is to allow the market to operate
with no constraints.
The supporters of
'free trade' believe that governments should not intervene in trade.
Free trade is based on an economic theory known as 'comparative
advantage', which means that countries should specialize in
producing those goods they produce most efficiently. Free trade
ideology has enjoyed varying degrees of popularity over the past two
hundred years but is now widely regarded as a fundamental part of
national and international economic policy. It is also part of a
much wider movement towards deregulatory free market policies, being
pushed by a range of institutions, for instance World Bank, IMF and
ADB.
The deregulation of trade is being
accompanied by increasing globalization in general – for example of
finance, entertainment, food production, travel, communication and
technology. Thus globalization is having a complex range of impacts
on the society and the nature. Such complexity makes it difficult to
assess the precise impacts of 'free trade' and 'free market'
policies alone but some fundamental points can still be made:
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'Free trade' can be used as a mean to an end - improving quality
of life - but it is not an end in itself;
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The growth of free market policies (including trade
liberalization) over the past few decades has been accompanied
by a corresponding rise in inequality across the world;
-
Economics, including free
market economics, is not a predictive science. After centuries
of experience, it is argued that economists do not deal in
ultimate truths, but in theoretical ideas that reflect, with
varying degrees of accuracy, the world around us.
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The
world trading system is made up of a variety of international
institutions. They are all involved to varying degrees in shaping
the development of international trade. Perhaps the most striking
aspect about the organizations listed below is that, despite their
different remits and perspectives, most either openly support or
rarely criticize trade liberalization, investment deregulation and
the world trade system. This means that there is little or no
questioning of free trade at the international policy level.
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World Trade Organization (WTO), an
institution comprising 149 member governments, is the only
international body dealing with the rules of trade between nations.
It is the only United Nations body whose agreements are binding for
member states and it has a dispute settlement system as well. It
contains WTO agreements, negotiated and signed by bulk of the
world’s trading nations. These documents provide the legal
ground-rules for international trade. They are essentially
contracts, binding governments to keep their trade policies within
agreed limits. Although, negotiated and signed by the governments,
the purpose is to help producers of goods and services, exporters,
and importers conduct their business.
The WTO is run by its member governments. All major decisions are
made by the members as a whole, either by ministers (who meet at
least once every two years) or by officials (who meet regularly in
Geneva). Decisions are normally taken by consensus.
The culmination of the past fifty
years of trade deregulation has seen the formation of an
international regulatory system more powerful than any other. The
WTO is charged with administering the World Trade Agreement (WTA)
including adjudicating over trade disputes. Although the WTO has
many developing country members and a consensus-based
decision-making system it is still said to be undemocratic,
nontransparent and serves the interests of its richer members. By
the same token, despite references to sustainable development in the
preamble of the WTA, the WTO has failed to deal with socio-cultural
concerns, as will be elaborated in this primer. |
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The WTO
began life on 01 January 1995, but its trading system is over a half
century older. As a matter of fact, following the disastrous Great
Depression of the 1930s and the havoc caused by the World War II,
developed countries led by the USA joined forces to create a new
international economy. As a result, International Monitoring Fund (IMF)
and World Bank (WB) were created by the Breton Woods Agreement during
July 1944 at New Hampshire, USA. These were created to coordinate
economic reconstruction in the post war Europe, however, their mandate
expanded to finding capital in developed nations to invest in the
infrastructure of developing countries. Followed by this the General
Agreement on Tariffs and Trade (GATT) was created during 1947 as the US
and Britain sought to establish a stable, multilateral economic system
to prevent the trade wars and economic rivalry that had contributed to
the Great Depression and the rise of fascism (dictatorship). GATT was
aimed as a framework for reducing trade barriers by periodic bargaining.
GATT
developed through a series of rounds of international trade talks,
culminating in the Uruguay Round (1986-94) which agreed the creation of
the WTO. Thus, the WTO came into being as a successor of the GATT.
Talks under the GATT were largely limited to tariff reductions on trade
in manufactured goods. Until the Uruguay Round, agriculture was excluded
as too socially and politically sensitive. Successive rounds steadily
reduced tariffs on trade in manufactured goods from an average of 40 per
cent in the 1940s to four per cent today.
From the
1970s, as tariffs came down, attention turned to other issues affecting
the flow of trade, such as dumping (selling goods at less than
production cost to gain market share) and what are called 'non-tariff
barriers', for example blocking imports on health grounds.
The Uruguay Round took this gradual expansion of the GATT's remit a
giant step further, by including for the first time agriculture,
services (e.g. finance, telecoms) and intellectual property rights
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The WTO has four main functions:
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to administer the
implementation of the Uruguay Round agreements
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to provide a forum
for further negotiations
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to administer
dispute settlement
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to review member
countries' performance on trade liberalization
The last
two, and in particular the "court" of the dispute mechanism, are what
makes the WTO significantly different from the GATT. Any WTO member can
take another member to the WTO court. There is also an appellate body if
countries wish to appeal against the court's decisions. If a member wins
a case, it is authorized to impose trade sanctions up to the amount it
is adjudged to have lost. This is of little value to small countries:
Ecuador
was once given leave to impose sanctions on the EU in a dispute over
bananas!
The
dispute settlement mechanism means that the WTO, unlike the
International Labor Organization (ILO) or the UN, has the power to
enforce decisions and penalize member countries. For instance, if a
country violates an ILO convention, all the ILO can do is issue a
statement. If a country breaks a WTO agreement, it faces trade
sanctions.
On the
other hand, unlike the IMF and the World Bank, the WTO does not lend
money, and so has less immediate financial influence over developing
countries.
In
practice, the WTO, World Bank and IMF act jointly to push developing
countries along the road to liberalization. Often the "structural
adjustment programs" of WB/IMF pushes a country into trade
liberalization measures which are then "locked in" through WTO
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The WTO
agreements are lengthy and complex because they are legal texts covering
a wide rage of activities. But a number of simple, fundamental
principles run throughout all these documents. These principles are
foundation of the multilateral trading system.
The WTO
has two fundamental principles, called "National Treatment" and "Most
Favored Nation treatment"(MFN).
·
National
treatment: A foreign company or product in a member state has to be
treated the same as (or better than) a comparable domestic company or
product.
·
MFN
treatment: Trade concessions (e.g. lower tariffs) given by one member to
another must be extended to all members.
In other
words, the "national treatment" means governments cannot treat national
producers more favorably than international ones, and "most-favored
nation" prevents any nation from being "most favored"!
Exceptions to these key principles are made in certain circumstances,
for example government bodies buying goods and services are exempt from
both National Treatment and MFN obligations, allowing them to give
preference to local suppliers. Poor countries are given more flexibility
than rich ones, a provision known as "Special and Differential
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Director
General
Normally
serves for six years. In 1999, members were unable to agree on the
appointment, and compromised with a split term. When Mike Moore, from
New Zealand, completed a three-year term from 1999-2002; Dr. Supachai
Panitchapakdi from Thailand took over the charge from 2002 for a further
three years. Currently, Mr. Pascal Lamy, from European Union, is the
Director General of the WTO as of October 2005.
Secretariat
Five hundred permanent staff based in
Geneva, with an annual budget about of Rs. 4.2 billion (US$ 70 million).
The WTO secretariat is in fact a small fraction as compared to the
secretariats of World Bank or IMF.
With its small secretariat, the WTO is driven by its member governments
to a much greater extent than the World Bank or IMF, which have a
stronger institutional role based on significant internal research and
policy-making.
Ministerial
Conference
It is
the WTO's chief policy-making body, composed of government ministers
from member states meeting every two years. Hong Kong was their last
outing that held during December 2005. Their next is planned during
December 2006.
General
Council
The most
senior permanent body, based in Geneva, it meets several times a year.
Delegates from all member states with representatives in Geneva can
attend.
Committees
Beneath
the General Council are a number of specialist councils and committees
of members, e.g. on trade in goods or Trade Related Intellectual
Property Rights (TRIPs).
Voting
Unlike those in the IMF
and the World Bank, voting in the WTO is based on one member one vote.
In practice, however, all decisions are reached without a vote through a
combination of consensus including unfair tactics such as tricks, bribes
and arm-twisting by the big powers. Nevertheless the system
theoretically gives developing countries a majority voice.
Besides these formal structures, WTO member state delegates in Geneva
are involved in a permanent round of meetings to discuss bilateral
issues and agree joint positions.
Joining
and leaving
As of
June 2006, the WTO had 149 members, with another number of countries
interested in joining. Saudi Arabia, Armenia and China are the most
recently approved members. Any state or customs territory having full
autonomy in the conduct of its trade policies may become a member to the
WTO, but all WTO members must agree on the terms. This is done by
establishing a working party of members and through negotiations. The
remaining large non-members are Russia, Iran and the Ukraine.
However, there is only one thing worse than being in the WTO, and that
is not being in the WTO! Withdrawal would be very damaging for any
government, potentially leading to retaliation from other members (by
slapping tariffs on the departing member's exports) and a flight of
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1. Agreement on
Agriculture
The Agreement on Agriculture (AoA) was brought in Uruguay Round
(1986-94) when developed countries (North) had threatened to walk out of
the Multilateral Trade Liberalization negotiations if agriculture sector
would not have included. AoA has three main pillars.
In the area of Market
Access, non-tariff measures are converted into tariffs to
provide substantially the same level of protection. This phenomenon is
called “teriffication process”. Under the AoA, it was agreed that
developed countries will reduce tariffs on agriculture products by an
average 36% and 24% by developing countries. Reductions were to be
undertaken over six period time in case of developed countries and over
ten years for developing countries. Least-developed countries (LDCs)
were not required to reduce their tariffs. Negotiations among WTO member
countries are going on at the moment to reduce the tariffs further.
Domestic Support
commitments aimed at reducing expenditures
like input subsidies on fertilizers, seed, pesticides and electricity to
domestic producers (farmers). Under the AoA, it was to be reduced by 20%
and 13.3% by developed (North) and developing (South) countries
respectively.

Export Subsidies
are payments given to the
exporters so they can sell their produce in the market at a lower price
and compete. Under the AoA, export subsidies are to be reduced by the
36% for developed countries and by 24% for developing countries. There
must also be reductions of 21% and 14% respectively on the volume of
exports subsidized. Developed countries committed to fulfill these
reductions over the period of six years (by 31 December 2000). While
developing countries were given ten years period (by 31 December 2005).
LDCs were given special and differential treatment and they were
exempted from the time period.
AoA commitments were made for a period of
10 years from 1995 onward and have now completed. It was agreed to
review and reform the Agreement after 2004 (after 10 years of
implementation of the AoA). Negotiations are going on at the moment and
a new agreement has not yet agreed.
2.
Trade-Related Intellectual Property Rights
The
Trade-Related Intellectual Property Rights (TRIPs) Agreement was
negotiated in the Uruguay Round of the GATT, and is now implemented and
monitored by the WTO. Creators of innovative Ideas and knowledge have
been given the right (otherwise called Intellectual Property Rights) to
prevent others from using their inventions, designs and other creations.
The TRIPs Agreement covers a wide range of issues dealing with
Intellectual Property Rights (IPRs). IPRs covers three main areas:
Copyrights:
These are exclusive rights to print, publish, film or record Literary,
artistic or musical material, computer programs, etc. This is not
concerned to food and agriculture.
Trademarks:
These are sign, logo or pictures which are licensed to a company to
represent that company or one of its products.
Patents:
These are given on ‘new’ inventions, and give a monopoly right to make,
use or sell an invention for a period of 17 to 20 years. To be patented,
an invention should be innovative (i. e. an invention, not a discovery)
and novel (not obvious). It should also be capable of commercial
application.
Copyrights, trademarks and
patents are granted by national patent offices and apply to all goods
within that country. There is also an UN body – the World Intellectual
Property Organization (WIPO) – which publishes worldwide patents to
prevent anyone else from patenting these inventions in other countries.
TRIPs was introduced under
pressure from commercial firms holding, or seeking to hold, patents.
These firms claimed that unless safeguards were put in place they would
have no incentive to invent new products and technologies.
The
agreement provides that Northern standards of intellectual property
protection will have to be applied in the South. Many countries will
have to provide protection for certain types of products for the first
time (e.g. pharmaceuticals, plant varieties, types of food).
Intellectual property protection will be linked to the WTO’s dispute
settlement system.
3. Sanitary and
Phytosanitary Measures
Member countries also require the compliance of imported agricultural
products with their national sanitary and phytosanitary regulations. The
primary aim of these regulations is to protect human, animal or plant
life or health from pests and diseases that may be brought in by
imported agricultural products. Up to some extent, rules laid down by
the Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS) are similar to those applicable to mandatory product standards.
The term ‘sanitary
regulation’ is used to cover types of regulations whose basic objective
is to ensure food safety, or to prevent animal borne diseases from
entering a country. Where the objective of regulations is to ensure that
imported plant varieties do not bring into a country plant-born
diseases, they are referred to as ‘phytosanitary regulations’. Sanitary
and Phytosanitary regulations, particularly those which aim at
prevention animal or plant- borne diseases from entering a country, can,
however, be related to “the level of prevalence of specific diseases or
pests” and can be more rigorously applied to imports from countries
where such diseases or pests are prevalent. The Agreement on SPS further
permits countries to take measures to restrict imports on a provisional
basis, as a precautionary step, where there is imminent risk of the
spread of diseases but the “scientific action is insufficient”.
Many countries (including
Pakistan) do not have capacity to meet these high mandatory standards
and their products, eventually, are not able to compete with those of
North.
4. Technical Barriers
on Trade
Countries often require
imported products to conform to the mandatory standards they have
adopted for the protection of the health and safety of their people or
for the preservation of their environment.
The Agreement on Technical
Barriers on Trade (TBT) provides that such mandatory product standards
should not be so applied by countries as to cause unnecessary obstacles
to international trade. Furthermore, they should be based on scientific
information and evidence.
From the viewpoint of the
Agreement, mandatory product standards do not create unnecessary
barriers to trade if they are based on internationally agreed standards.
Where for geographical, climatic and other reasons, it is not possible
for member countries to base their mandatory regulations on
international regulations, they are obliged to publish these regulations
in draft form to give producers in other countries an opportunity to
comment on them. The Agreement also obliges member countries to take
such comments into consideration when the standards are finalized, thus
ensuring that characteristics of products produced, and exported by,
other countries are taken into account.
Voluntary standards with
which compliance is not mandatory, may also pose problems in
international trade if they differ widely from country to country. The
Code of Good Practice for the Preparation, Adoption and Application of
Standards, an integral part on the Agreement on TBT, therefore urges
countries to use their best endeavors to require national standardizing
bodies to use the same principles and rules in preparing and applying
voluntary standards as are laid down for mandatory standards. The
Agreement on TBT requires mandatory product standards to be applied on a
non-discriminatory basis to imported products.
5.
Safeguard Measures
The
Agreement on Safeguards authorizes importing countries to restrict
imports for temporary periods if, after investigations carried out by
competent authorities, it is established that imports are taking place
in such increased quantities (either absolute or in relation to domestic
production) as to cause serious injury to the domestic industry that
produces “like” or “directly competitive” products. It further provides
that such measures, which could take the form of an increase in tariffs
over bound rates or the imposition of quantitative restrictions, should
normally be applied on an most favored nation (MFN) basis to imports
from all sources.
The
investigation for the imposition of such measures can be initiated
either by the government itself or on the basis of a petition from the
affected industry. In practice, however, the investigations are
generally initiated on the basis of petitions from the affected
industry.
The
Agreement lays down the criteria which investigating authorities must
consider in determining whether increased imports are causing serious
injury to the domestic industry. It also sets out basic procedural
requirements for the conduct of investigations. One aim of the
procedural requirements is to provide foreign suppliers and governments
whose interests may be adversely affected by the proposed safeguard
actions with an adequate opportunity to give evidence and to defend
their interest.
The
primary purpose of providing such temporary increased protection is to
give the affected industry time to prepare itself for the increased
competition that it will have to face after the restrictions are
removed. The Agreement seeks to ensure that such restrictions are
applied only for temporary periods by setting a maximum period of eight
years for the application of a measure on a particular product.
Developing countries can however impose them for a maximum period of 10
years.
6.
Subsidies and Countervailing Measures/Anti-dumping
The GATT
rules deal with two types of “unfair” trade practices which distort
conditions of competition. First, the competition may be unfair if the
exported goods benefit from subsidies. Second, the conditions of
competition may be distorted if the exported goods are dumped in foreign
markets.
In
simple words, it is usual to designate all low cost imports as dumped
imports. The Agreement on Anti-Dumping Practices (ADP), however, lays
down strict criteria for determining when “a product is to be considered
as being dumped”. In general, a product is considered dumped if the
export price is less than the price charged for the like product in the
exporting (producing) country. A comparable price charged for the like
product when exported to a third country, or a constructed value, is
calculated on the basis of the production cost of the imported product
plus general, selling and administrative costs, and profits.
Likewise, the Subsidies and Countervailing Measures (SCM) Agreement
requires the authorities to terminate investigations in certain
situations described in the agreement.
Both the
ADP and SCM agreements authorize countries to levy compensatory duties
on import of products that are benefiting from unfair trade practices.
However, an importing country can levy countervailing duties on
subsidized imports and anti- dumping duties on dumped imports only if it
is established, on the basis of investigations carried out by it, that
such imports are causing injury to the domestic industry. Investigations
for the imposition of such duties should ordinarily be initiated on the
basis of a petition made by or on behalf of an industry, alleging that
imports are causing it injury. The two Agreements lay down similar
criteria for determining injury. The procedures for carrying out
investigations for the levy of anti-dumping and countervailing duties
are likewise similar.
U.S.-
Canada wheat trade dispute is an example of case of Anti-dumping &
Subsidies and Countervailing Measures at the WTO. U.S has long expressed
concerns that Canadian wheat trading practices-both imports and exports
are inconsistent with WTO obligations. After investigations, the dispute
settlement panel of the WTO ruled (April 4, 2004) that the Canadian
wheat board’s practices do not violate the WTO’ rule ; however, the
panel found that certain Canadian grain marketing practices were not in
compliance with WTO rules. As a result, Canada passed legislation that
rectified its grain import and marketing system practices to bring them
compliance with the WTO panel’s recommendations.
7.
Agreement on Textiles and Clothing
Since 1995, the
Agreement on Textiles and Clothing (ATC)
has taken over from the Multi-fiber Arrangement (MFA) of GATT. The basic
aim of ATC was to secure the removal of restrictions currently applied
by some developed countries to imports of textiles and clothing from
developing countries. To this end the Agreement set out procedures for
integrating the trade in textiles and clothing fully into the GATT
system by requiring countries to remove the restrictions in four stages
over a period of 10 years ending on January 01, 2005. The bulk of the restrictions were, however, withdrawn in the last phase
when the transition period ended as of December 2004 and the Agreement
expired. The developing countries were given certain quotas in this
regard so that they can only export limited quantity of their
textiles and clothing
products.
As of
2005, the sector is fully integrated into normal GATT rules. In
particular, the quotas have ended, and importing countries are no longer
able to discriminate between exporters. The Agreement on Textiles and
Clothing was the only WTO agreement that have had self-destruction built
in and was expired over a period of 10 years ending on January 01, 2005.
Pakistan, for instance, used to export textile and clothing products to
US and EU under the quota system. As of year 2005, beside other WTO
member countries, Pakistan is now competing freely in the international
market and is exporting similar products to various parts of the world
without having any fixed quota. To cope with challenges of the
quota-free WTO regime, textile and clothing industrial sector in
Pakistan has recently invested a lot to bring in new technology and
machines; cut down cost of the production; and improve quality of
products besides meeting standards set by the WTO.
8.
Trade- related Investment Measures
Government often imposes conditions on foreign investors to encourage
investment in accordance with certain national priorities. Conditions
that can affect trade are known as trade- related investment measures (TRIMs).
The
agreement on TRIMs, which was negotiated in the Uruguay Round, requires
countries to phase out TRIMs that have been identified as being
inconsistent with GATT rules. The phasing out period for developed
countries was two years from 1 January 1995. Developing countries got a
transition period of five years, and least developed countries seven
years.
TRIMs prohibits on the
grounds that they extend more favorable treatment to domestic products
in comparison to imports and thus break the national treatment principle
include those that require:
1. Purchase
or use by an enterprise of products of domestic origin or from any
domestic source (local content requirements), or
2. That
an enterprise’s purchase or use of imported products should be limited
to an amount related to the volume or value of the local products is
exports (trade-balancing requirements).
TRIMs considered
inconsistent with the provisions of Article XI of GATT against the use
of quantitative restrictions on imports and exports include those that:
1. Restrict
imports to an amount related to the quantity or value of the products
exported (i.e. trade-balancing requirements constituting restrictions on
imports)
2. Restrict
access to foreign exchange to an amount of foreign exchange attributable
to the enterprise (i.e. exchange restrictions resulting in restrictions
on imports)
3.
Specify exports in terms of volume or value of local production (i.e.
domestic sales requirements involving restrictions on exports).
9.
General Agreement on Trade and Services
Trade in services is growing and
currently accounts for over 20% of all international trade. The General
Agreement on Trade and Services (GATS), which was negotiated in Uruguay
Round, applies the basic rules for trade in goods to trade in services.
However, the rules have been suitably modified to take into account the
differences between goods and services and the four modes in which
international trade in services takes place. GATS’ structure consists of
a framework text which sets out the general concepts,
principles and rules that apply to measures affecting the trade in
services. It complement the text. Specific commitments has the annexes
to the Agreement which establish principles and rules for specific
sectors and liberalizing the trade within the service sectors and
sub-sectors listed in the national schedules of member countries.

The term ‘services’ covers a wide range
of economic activities. The WTO Secretariat has divided these differing
activities into the 12 sectors i. e. Business (including professional
and computer) services, Communication services, construction and
engineering services, distribution services, educational services,
environmental services, financial (insurance and banking) services,
health services, tourism and travel services, recreational (cultural and
supporting) services, transport services, other services not included
elsewhere. These 12 sectors have been further divided into 155
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Trade liberalization under the auspices
of WTO is promoted as panacea for all economic ills and short cut to
quick prosperity. Member countries of the WTO are required to liberalize
their trade policies under the new system. However, the process of trade
liberalization has been partial and unequal. What had been a gradually
evolving trade liberalization process over the centuries for “new
developed countries” has now become a strategy condition for “still
developing countries”. Developing countries have been lowering trade
barriers more rapidly than northern countries without getting promised
results. Their economies are shrinking with increase in poverty. Being
weak economic players in global economy, developing countries,
seemingly, has little policy choice but to fall in the line.
It is
now widely argued that the current world trade system is inequitable and
undemocratic. Eventually, it is damaging socially, economically and
environmentally the world in general and the developing world in
particular. Through looking both at a range of trade issues and the
impacts of the products that we buy everyday we can see how the trade
system can act to reduce peoples' quality of life all around the world
rather than making it better.
Although, on the face of it, the idea of free trade seems to make sense
and should lead to a fairer system, in reality the deregulation of trade
can have massive adverse impacts on people and the nature around us.
The
current world trade system is characterized by the pursuit of free
market policies, such as deregulated trade and investment, privatization
and deregulated currency markets. Such policies have put corporate
rights ahead of citizens' rights, improving conditions for business but
not necessarily for people. The past fifty years of trade liberalization
has also seen a massive increase in inequality across the world,
continued environmental degradation, the feminization of poverty and
unskilled labor and the erosion of peoples control over their lives and
resources.
Transnational corporations (TNCs), mostly from the developed world, are
one of the main driving forces behind the world trade system. They are
responsible for a large proportion of international trade. The economic
power of these companies gives them considerable influence over the
world trade system, both directly and via government. Such influence
helps ensure that the system works for their benefit. The extraordinary
power and influence of TNCs and the lack of democratic control over any
adverse social/environmental consequences resulting from their pursuit
of the 'bottom line' (i.e. profits) is frequently a problem.
An
international body for regulating world trade is a good idea, if only to
stop the rich countries bullying the poor, but the WTO as currently
constituted is failing to do that. Listed below are few of the widely
established concerns:
Dogmatic attachment to liberalization
The WTO
agreements were drawn up at the height of the enthusiasm for free market
economics, and are a product of strict attachment to liberalization and
deregulation. The world may have moved on since then, but the WTO has
not. It sees trade liberalization as an end in itself, rather than a
means to an end (such as eradicating poverty). There is plenty of
evidence that while liberalization in some circumstances can help the
poor, in others it can do serious harm, for example by letting in floods
of cheap food imports that wipe out the livelihoods of small farmers.
According to a Latin American negotiator in Geneva: "If you have a
really open economy like ours, it's impossible to protect your farmers
with WTO rules." This ideological bias may explain why the WTO pays
almost no attention to the impact of its agreements. No review or
empirical study of the Uruguay Round on developing countries has been
conducted to date.
Northern double standards
It is
argued that the message from North to South in the Uruguay Round was
'you continue to liberalize, we'll continue to subsidize.' The Uruguay
Round is a story of unkept promises." Northern governments and companies
have proved adept at including loopholes in the agreements to benefit
themselves. As a result, northern protectionism is robbing the
developing world of a huge export income everyday, many times more than
the total inflows of aid.
But double standards also exist on a deeper level. With few exceptions,
today's successful economies built up their national industries behind
protective barriers. Today, WTO agreements are closing that option to
developing countries. It is thus argued that because of trade
liberalization, developing countries cannot pursue the policies
developed countries used in the past.
Undermining democracy
Deregulation introduced by governments under pressure from the World
Bank and the IMF can be reversed if electorates so wish. But governments
signing the WTO agreements effectively "lock in" the WTO's bias in favor
of the unregulated market. While WTO officials present lock-in as a
positive step, insulating governments from the influence of domestic
vested interests, it is just as likely to insulate them from democracy
and strengthen public fears that governments have surrendered to
unaccountable market forces.
Control politics
The WTO
covers a lot more than trade and tariffs. Increasingly, it involves
itself in domestic issues such as investment rules and patenting
regimes. Now the Doha round has extended into many new areas: government
procurement, investment, competition policy, labor standards and the
environment. International rules on these matters are needed, but the
WTO will bring to them its own agenda of liberalization and
deregulation, and its imbalances of power. For that reason, many
developing countries and NGOs has been opposing further extension of its
influence.
Corporations
vs. governments
The last five decades have
seen overwhelming corporations that originate from Northern countries
(45 % only from US). Of the world's 100 largest economic entities, 51
are now corporations and 49 are countries. Similarly, the world's top
200 corporations account for over a quarter of economic activity on the
globe while employing less than one percent of its workforce. The Top
200 corporations' combined sales are bigger than the combined economies
of all countries minus the biggest 10. --The Top 200s' combined sales
are 18 times the size of the combined annual income of the 1.2 billion
people (24 percent of the total world population) living in "severe"
poverty. It is, therefore, argued that these transnational corporations
bank upon free trade and are the major recipients.
On paper, the WTO merely deals with governments. In practice, however,
transnational corporations have a large, though often invisible,
presence. As said earlier, pharmaceutical and life science companies
drove the discussion on intellectual property rights that led to the
agreement on Trade-Related Intellectual Property Rights (TRIPs),
extending corporate control of the knowledge economy. In the talks which
established WTO agreement, 96 out of the 111 members of the US
delegation of negotiators were from the private sector. Closer scrutiny
of the 650 "NGOs" accredited to attend the Doha-Qatar Ministerial
meeting during 2001 as observers revealed that at least 240 of them were
in fact industry representatives. Unlike Westminster (a charter of
global democracy with its increasingly stringent rules), the WTO has no
rules governing disclosure of corporate lobbying.
Given this level of corporate influence, any WTO agreement is likely to
focus much more on exploiting developing country markets than on curbing
the power of corporations and ensuring good social and environmental
behaviour. Corporations aim to use these agreements to minimize
authority of the governments in order to regulate markets and protect
producers as well as consumers.
Recent
inflation in Pakistan, for instance, is said to be market driven and the
government is failing to intervene because of influence of the corporate
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A
rule based but welfare oriented “ethical world trade system” is very
much wanted far and wide. This implies there is a pressing need to
change the rules governing international trade and investment to ensure
that they properly reflect society's basic requirements and democratic
procedures. Trade and foreign investment are not and cannot be goals in
themselves. Rather they are parts of a greater system, which, in order
to be effective, needs also to be equitable, secure, sustainable and
transparent. In the long-term, we need to develop sustainable economies:
in the short-term we need to adopt 'first aid' measures to reduce some
of the international trade system's worst social and ecological impacts.
As
an alternative, fair trade approach is sustainable as compared to the
free trade. Fair trade
is a trading partnership based on dialogue, transparency and respect
that seeks greater equity in the international trade. It contributes to
sustainable development by offering better trading conditions to, and
securing the rights of, marginalized producers and workers – especially
in poor countries of the South. Fair trade, as the term is now used,
usually means government intervention to direct, control, or restrict
trade. Under Fair trade, it’s the responsibility of government officials
to decide what we should be allowed to buy and what prices we should be
forced to pay. In other words, it is paternalism in the international
commerce that means government officials possess the authority to help,
advise, and protect masses and neglect individual choice. Fair Trade
organizations (backed by consumers) exist already in the society who
engage actively in supporting producers, awareness raising and in
campaigning for changes in the rules and practice of international
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Pakistan
is one of the founder members of GATT since 1947 as well as of WTO since
1995. As stated earlier under the “Historic Background of the GATT/WTO”,
a number of international institutions were developed following the
World War II including GATT in 1947. Pakistan, being one of the
ex-colonial States and having British influence, signed the GATT with no
consultations/preparation and without having much international trade.
World was divided into two camps at that time (one led by the US &
British and other led by USSR) and Pakistan decided to go along with US.
It was therefore purely a political decision to sign GATT otherwise
Pakistan was a new born country during 1947 and was almost lacking the
international trade.
GATT,
however, was largely limited to trade in non-agricultural manufactured
goods. Implications of GATT were minimal on Pakistan during the GATT
regime (1947-1994) due to two good reasons: 1) Pakistan’s major exports
were agro-based (e.g. Rice, Cotton, Jute); and 2) Pakistan was allowed
to protect its industrial sector (through tariffs and subsidies) to a
desirable level. Later, GATT was merged into a much broader agreement
“WTO” in 1995. New subjects i.e. agriculture, services and intellectual
property rights were introduced for the first time in the multilateral
trading system. Pakistan, like many other developing countries, signed
WTO without proper consultations and research based preparation. Most of
the agrarian developing countries signed WTO because of the promise made
by the rich industrialized countries that they will take benefit of
liberalized trade in agriculture.
Pakistan, as a result, has been changing its policies in order to carry
out new economic activities and to comply with the rules and regulations
contained in WTO treaties. From GATT to WTO and to the currently ongoing
Doha Round negotiations, the way trade liberalization intensified,
implications of trade liberalization and WTO agreements are becoming
visible on various walks of life in the country. In most of the cases,
these implications are unfortunately negative. Civil society in the
country is now showing concerns and struggles to build know how about
WTO and its future implications.
Trade Liberalization Policies:
Until the end of the 1980s, Pakistan followed a policy of imports
substitution that means high tariffs were placed to avoid imports and
protect the local products. The high protection given to the domestic
economy placed heavy burden on country’s economy that was unfortunately
not stable enough to bear this load. In the
meantime, Pakistan started taking massive loans from International
Financial Institutions (IFIs), the International Monitory Fund (IMF) and
World Bank, much before the 1980s in order to fill gaps in the economy.
These loans, in fact, were linked to conditions that increasingly
impinged on the domestic policies of the country. In Pakistan,
unfortunately, very little work has been done to carry out cost-benefit
analysis of the trade liberalization in order to initiate new economic
activities and boost the economy. Due to lack of empirical research, the
overall response of interest groups (i.e. traders, industrialists,
consumers) to the trade and economic policies of the country remained
dormant and issue specific. Consequently, Pakistan has been depending on
advices/dictations of the IMF and World Bank. Since 1988, IMF and World
Bank forced Pakistan to engage in wide-ranging economic reform program
including reforms in trade sector, with strong emphasis on export
orientation.
IMF and
World Bank, therefore, played a role to liberalize trade in Pakistan.
Under the first Structural Adjustment Program begun in 1988, the
government was committed to making extensive changes in the trade
regime. As a result, Pakistan’s trade pattern has changed dramatically
over time. From being primary goods exporter, Pakistan moved to
primarily manufactured and semi-manufactured commodities. During first
half of the 1990s, according to the Economic Survey of Pakistan, exports
performance of the country was positive; growing at an average rate of
10.6 percent per annum.
Implications on Pakistan:
Whereas the WTO opened up opportunities for Pakistan, it has also posed
serious challenges to its economy, especially to the trade sector by
exposing it to international competitive environment. As a result, like
in other developing countries, Pakistan’s food security, agricultural
production, industry, export, and income have also been severely
affected besides increase in unemployment, poverty, inequity, and
alienation.
The government point of view is that: Pakistan has so far
not taken any obligations for tariffs or subsidies or any other WTO
obligations for agriculture. Our bound tariffs for WTO purposes vary
from 100-200% and applied are less than 25%. Therefore, it is not
correct to say that our agriculture production could have suffered in
any way because of WTO obligations. Similarly in industry, we have a
huge gap because in our bound and applied tariffs so WTO obligations
could not have affected our industry or employment levels. In fact, had
we taken on any obligations as we did in case of telecoms and financial
services, we would have done much better because of obligatory reforms
which we would have to do anyway.
The other stakeholders, especially the civil society
organizations, consumer groups and the chambers of commerce and
industry, have however different opinion. They say that IMF and World
Bank are the necessary arms of WTO system and they, along with some
consulates of influential countries in Pakistan,
played a
role to liberalize trade in Pakistan using stringent loan
conditionalities. We have had irrational trade liberalization since
decades and instead of devising long term, research based and well
consulted policy of industrialization and trade, the government resorted
to take massive loans by following dictates of
IMF and World Bank.
Till today, these institutions carry out research for Pakistan and the
government respects their results as compared to research done by a
local institution.
These stakeholders suggest that a trade liberalization
policy could have been beneficial and sustainable if it had been
followed by our own research, mass awareness, wider consultation, trade
facilitation and through preparation of our sectors of production.
While developed countries have managed to maintain
existing level of protection to their agriculture and industry and in
some cases managed to maintain ratification of using non-tariff
barriers, Pakistan is encountering difficulties to reform its economy as
per WTO requirements and compete in the international market due to
various internal and externals reasons. Our internal policies are not in
line with the required mandate in order to reap benefits of
international trade in the WTO regime. For instance, our agricultural
products are becoming uncompetitive in the market due to extremely high
cost of production. Agricultural activity is eventually limiting
overtime and the displaced farming communities are increasingly moving
towards urban centers. It is though not directly due our tariffs or
subsidies or any other WTO obligations for agriculture but is totally
due to our inconsistent domestic policies.
External factors that limit our policy choice are the
conditionalities of IFIs (IMF, World Bank, ADB) as well as other
bilateral/regional free trade agreements that force our policy makers to
accept WTO plus conditions. We have recently moved out of the loan
programme of IMF and currently, we do not have to meet conditionalities
of IMF but now we have Asian Development Bank along with World Bank who
are poring huge funds of course with their conditionalities. Under the
FTAs, we are undertaking WTO plus conditions without proper research,
participation of stakeholders and long term planning.
Implications on Agriculture:
Agriculture is a growth engine of Pakistan’s economy. Its share in GDP
in the year 2005-06 was 22 percent. Around 70 percent of our population
lives in rural areas and agriculture is their main source of livelihood.
Trade liberalization under the auspices of WTO and IFIs is having
disastrous effect on our agriculture sector and particularly to the
small farming communities. At the one hand, Pakistan has not been able
to make use of additional market access as developed countries have
protected their sensitive sectors such as textiles and clothing through
high tariffs. Also through high agriculture subsidies, they distort
trade. On the other hand, the reduction in domestic support and export
subsidies at the local level is increasing the agonies of small farmers
and is threat to our food security. The farming communality in Pakistan
is worse off due to liberalization. At the one hand, the input prices
have been raising at a faster rate as compared to commodities prices.
The farmers are getting less profit. On the other hand, demand for local
agricultural products has reduced because of cheep agricultural imports
that are on increase due to tariff reductions. The government, on the
dictates of IFIs, is undertaking liberalization and maximizing cheap
imports to provide essential food to poor people on cheap prices. The
government in fact resorted to do so because they believe that due to
high tariffs, as we can do in terms of our bindings, prices of many food
items such as sugar, tea, wheat, milk etc would have shoot up. The other
stakeholders contradict with this policy as it may lead our country to
merely a consumer society. Contrary to this, they suggest that we need
to protect and develop our local agricultural production so that our
local producer take more interest and invest in such an innovative way
that it can not only compete in the local as well as international
market but they also come in the market with a variety of quality
produce. We should not follow the export oriented policies irrationally.
We must borrow the policy space in the WTO negotiations in order to develop our
sectors the way it had been developed by the Northern industrialized
countries. The consumers should be safeguarded through subsidies and be
made conscious about usefulness of locally produced agro-products.
Agriculture sector in the country is also facing setback because of low
investments both by the private and public sectors. Investment in
increasing productivity is the prerequisite to economic development. It
is now widely argued that government policies are biased towards
agriculture as there has been a declining share of public investment in
agriculture. The situation is significantly augmenting poverty and food
insecurity.
Pakistan
is a member to G-20 (group of more than 20 developing nations who
struggle jointly to safeguard agriculture) and G-33 (group of developing
countries who demand exemption of key food security crops from the WTO -
called Special Products and provision of Special Safeguard Mechanism to
protect these crops). All these countries are united to defend their
agricultural economy and demand market access in industrialized
countries in order to boost their agricultural productions, encourage
farming communities and take benefit form trade liberalization in
agriculture that they were promised by the rich countries in the Uruguay
round negotiations. US and EU so far are denying these rights to poor
member countries and consequently, the WTO negotiation process is
stalled at the moment mainly due to differences on agriculture.

Implications on Commerce and Industry:
Pakistan’s trade and industrial sectors are also undergoing radical
changes in compliance with WTO rules and regulations. The textiles
sector has been the first to feel the heat of WTO's implementation.
Pakistani exports, especially textiles, are being increasingly subjected
to initiation of anti-dumping and countervailing investigations which
create uncertainty and depress the business sector. Investigation
periods are sometimes quite lengthy and the legal costs of defending
these cases
are tremendous. Similarly, the loosening government control on cotton
export under WTO commitments is also being seen as a threat to the local
textile sector.
Pakistani pharmaceutical companies are also expected to suffer as WTO
has envisaged special safeguards for Western, particularly the US
pharmaceutical companies under TRIPS. As most of the research is being
carried out in the developed world, the formulae of drugs will be
patented and may raise public health-related issues in the developing
world. For instance, the treatment of tuberculosis costs $ 235 per month
in the US, while the generic version in Pakistan costs Rs. 50 per month.
Once Pakistan fully implements TRIPS it has to abandon local production
of patented drugs that is likely to have a serious impact on its
national health care.
Leather
garment industry of Pakistan is confronting various challenges to
survive in the international market. Leather garments face stiff
competition from Chinese & Indian products. At the one hand, cost of
production is very high in Pakistan due to high cost of various inputs
especially utilities and taxes. On the other hand, leather garments are
made mostly from low grade & medium grade leather because good quality
leather is mostly exported. On top of them the use of hi-tech for
quality products and availability of skilled manpower to cater to the
needs of the world market are also severe challenges to the industry.
Unless good quality leather is made available to value-added sectors,
these sectors will continue to suffer and lose their market shares in
global markets for Leather Garments and Leather Products. As far as the
implications of WTO are concerned, the TBT and SPS are significantly
impacting on Pakistan's ability to increase exports in this sector.
Particularly the environmental issues related with the leather industry
in Pakistan is posing significant negative effects on our exports.
Footwear, the largest segment of the leather industry around the world,
has been surprisingly neglected in Pakistan. The sector lack any
research and development (R&D) support from the government and most of
the footwear entrepreneurs in the country are small scale and belong to
the informal sector. Italy followed by China, USA and Korea used hi-tech
and captured the world market due to quality and low price of their
footwear products. Recently, low priced Chinese shoes are commonly
available every where in Pakistan and most of the local footwear
entrepreneurs have closed down their family businesses due to
uncompetitiveness of their footwear products.
The most easily understood affect on the local industry
is ever raising taxes due to which the local industry confronts imminent
closures in the face of ever-increasing costs of production. The WTO's
push for an area free of customs duties and tariff protections poses
threat to Pakistani tax authorities that this may result into shortfall
in revenue and hence, they are raising taxes. According to government
sources, other taxes increased substantially because of new commercial
activity created through reduced tariffs. According to them, tariff
reforms carried out in Pakistan proved that tariff rationalization
results in raising the revenues rather than reducing them. Whatever is
the reason, this is a fact for sure that many industrial units are
facing closures, industrial activity is limiting, investment is fleeing
and mass unemployment is quite evident.
Unfortunately there has not been enough development in Pakistan to raise
awareness and understanding about WTO. We need research based awareness
and preparedness and there is an urgent need for all the stakeholders,
those involved with international trade
and industry in particular, to explore WTO's implications. It is high
time the government and the people realise the effects and consequences
of the impending WTO implementation.
Trade
Quantum:
Pakistan, as matter of fact, has not been a major trading player in the
international trade: it accounts for, on average, merely 0.15 and 0.19
percent of world exports and imports respectively. Yet, a careful
analysis suggests that Pakistan has significance in trading some export
items such as carpets and rugs (18.8 percent, on average, of world
market), textile and clothing (1.7 percent respectively) and leather and
leather goods (2.9 percent in that order). From 11 percent of GDP in
1947, exports and imports together now amount to around 34 percent of
GDP.
Capacity
to deal with WTO:
Pakistan’s negotiating capacity likewise other developing countries is a
big question. Other than the Ministerial Conference and General Council
meetings, there happened to be around 20 meetings of various committees
in a day in Geneva to discuss various issues and delegates
defend/advocate their country positions. Developed countries have a
clear edge in this having hundreds of permanent delegates posted in
Geneva. Developing countries, however, are unable to properly keep up
the track of each meeting and as a result, loose much of the
opportunities if any. Some countries, such as Rwanda, do not has the
capacity to post even one person in Geneva and, as a matter of fact,
somebody else from their neighbor country represent their country
position and negotiate.
Pakistan, however, has an Ambassador with two or three officers posted
in Geneva to take care international trade negotiations. As compared to
quantum of meetings, this is very minimal capacity to deal with various
WTO agreements. The technical and logistical capacity even within
relevant ministries in inadequate and, most of the advice comes from
again agencies and consultants from developed countries. It is, thus,
argued that the Government should involve and consult various
stakeholders and the civil society organizations in order to increase
research and capacity and to come up with practical WTO policies. This
joint venture might also help technically, financially and human
resources-wise the government to effectively negotiate in WTO.
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In
Pakistan, while agriculture, industry and services are important sectors
of economy, trade (export and import) plays important role to fill gap
between supply and demand and provides benefits to producers, traders
and consumers. Trade affects everyone in the country and therefore, a
balanced trade policy and enabling trading environment is crucial for
the sustainable development. The trade related policies are influenced,
at the one hand, by demands of the local stakeholders and, on the other
hand, by the international trade agreements more specifically the WTO.
Pakistan, therefore, has to engage watchfully in the globalization
process and struggle proactively within the WTO regime to attain a
better deal for sustainable development in the country.
Being a
member of the WTO, while we are to change our trade related policies to
fulfill our commitments; there is an important need for cost-benefit
analysis along the way and prepare the stakeholders to cope with WTO
challenges. This is more important with reference to the fallout on poor
people, employment, incomes, small and medium scale business, informal
sector, environment and development goals. Any
compromise or negligence in this regard would lead to a negative fall
out on everyone in the country.
At the domestic
level, we have to
transform our trade and economic
policies into ones
those are sensitive to people’s basic rights, protect their livelihoods,
and promote their competitiveness. To
eliminate economic
injustices in the society and alleviate poverty in the country, Pakistan needs
balanced and participatory
policies. We need
policies that create
livelihood opportunities for masses across board. Such policies
will
provide an enabling
agricultural and commerce & industry environment where the civil society
itself takes joint and welfare oriented innovative businesses that
provide livelihood opportunities to everyone more especially to the
vulnerable groups of the society.
As a civil society we have
to
develop critical
awareness and pressure regarding Pakistan’s engagement with the WTO and
its implications on us through research, monitoring and advocacy.
Many
individuals and organizations, all over the world, are now challenging
the rationale of institutions like WTO. This wave of corrective justice
in international trade to make trade fair is now a well-recognized
phenomenon and perhaps a hope for developing countries.
The
civil society has played a key role in this process
and the
collective efforts made in this regard reveal many success stories.
To
work out sustainable trade related policies in the country, it is
recommended that the challenge must be dealt in a genuinely coordinated
way. Research based (through impartial local institutions) and well
consulted policies would achieve better results. In view of the fact
that we lack inter-ministerial harmony and coordination between various
stakeholders, the civil society organizations (CSOs), being purely
impartial, should be given the role to coordinate among stakeholders and
carry out independent research. CSOs should form a think tank,
comprising experts from various stakeholders, and keep on debating
recent trade related matters (both of WTO/FTAs as well as of domestic
policies) via electronic listserv and in face-to-face meetings. For
instance, EJAD – Economic Justice and Development, is an Islamabad based
newly formed civil society organization who has been able to form such
an informal think tank and has successfully been able to bring many
stakeholders in a loop through electronic listserv and face-to-face
meetings. EJAD has done this with very limited resources and if such a
process is owned by stakeholders, a formal think tank could be formed
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AD:
Anti-Dumping. Dumping occurs when a
company sells its goods more cheaply in export markets than in home
markets with the intention of hurting the foreign industry, and
interjecting itself into their market.
Aggregate Measure of Support (AMS)
An index
that measures the monetary value of the extent of government support to
an economic sector. As defined in the Agreement on Agriculture, the AMS
includes both direct and indirect government supports to the sector, if
they are judged to create distortions in the market. For example, it
includes both direct payments to farmers, such as payments to guarantee
them a higher than world market price, as well as indirect payments such
as taxes on food at the point of sale to consumers that are used to
support farm programs. The AMS is different from another broader concept
of agricultural support called the Producer subsidy Equivalent (PSE)
because certain PSE policies are excluded from the AMS, and because of
the methodology used to compute direct payments and market price support
benefits.
Amber Box
A
popular expression referring to the set of domestic supports, which are
considered to be production and trade distorting and are measured by an
index, termed the Aggregate Measure Of Support (AMS).
Bound Tariff Rates
Tariff
rates resulting from GATT negotiations or accessions that are
incorporated as part of a country’s schedule of concessions. Bound rates
are enforceable under Article 11 on GATT. If a GATT contracting party
raises a tariff above the bound rate, the effected countries have the
right to retaliate against equivalent value of the offending country’s
exports or receive compensation, usually in the form of reduced tariff
of other products they exports to the offending country. However,
countries are free at any time to reduce their bound tariffs still
further. Bound Tariff can be lowered but not raised.
Blue Box
A
popular expression to represent the set of provisions in the Agreement
on Agriculture that exempts from reduction commitments those program
payments received under production limiting programs- if they are based
on fixed area and yields or a fixed number of head of livestock, or if
they are made on 85% or less of base level of production. US’ Deficiency
payments were exempt under this provision as compliance with acreage
reduction programs was required for eligibility, and payments were made
on no more than 85% of established base acreage, and individual farm
yields had been fixed since 1996. Blue Box policies are contained in
article 6.5 of the Agreement on Agriculture.
Cairns Group
A group
of nations formed in 1986 at Cairns, Australia. The group seeks the
removal of trade barriers and substantial reductions in subsidies
affecting agricultural trade. These goals were in response to depressed
commodity prices and reduced export earnings stemming from subsidy wars
between the US and the EU. The members account for a significant portion
of the world’s agricultural exports. The group includes major food
exporters from both developed and developing countries: Argentina,
Australia, Brazil, Canada, Chile, Colombia, Indonesia, Malaysia, New
Zealand, Philippines, South Africa, Thailand, and Uruguay. The Cairns
Group was a strong coalition in the Uruguay Round of multilateral trade
negotiations.
Country Schedules
The
official schedule of subsidy commitments and tariff bindings as agreed
to under GATT for member countries.
Decoupled Payments
These
supports paid to producers are not dependent on prices or production
levels. In theory, no production is required to receive these payments,
though in reality, production continues while payments are made based on
some other criteria. In the AOA, decoupled payments are deemed to be
non-trade distorting and are allowable under the “Green Box”.
De Minimis Provision
This
provision allows countries to maintain a certain level of AMS. For
developed countries, this level can be up to 5% of the value production
for individual products (Product Specific Support), and 5% of the value
of country’s total agricultural production ( Non- Product specific
Support). For developing countries, support can be up to 10%. Within the
Agreement on Agriculture, however, countries can only provide these
level of support if they are within the 1992 support levels because of
the due restraint clause.
Deficiency Payment:
This was
allowed under the Blue Box since, in the US, compliance with acreage
reduction programs was required for eligibility. It is a direct
government payment made to US farmers who participated in wheat, feed
grain, rice, or cotton programs prior to 1996. Deficiency payments
bridged the gap between the national average market price and a
politically determined target price to support farm incomes which were
set by the US Department of Agriculture. The total payment to a farmer
was equal to the payment rate, multiplied by a farm’s eligible payment
acreage and the program yield established for the particular farm.
Deficiency payment programs in the US were eliminated in the 1996 Farm
Act and have since been replaced by another subsidy program, the
production flexibility contract payment.
Dispute Settlement Body
(DSB)
The
general council of the WTO, composed of representatives of all member
countries, convenes as the Dispute Settlement Body to administer rules
and procedures agreed to in various agreements. The DSB has the
authority to establish panels, adopt panel and Appellate Body report,
maintain surveillance of implementation of rulings and recommendations,
and authorize suspension of concessions or other obligations under the
various agreements.
Due Restraint Provision
The
Uruguay Round (UR) Agreement on Agriculture provision that sets a 9-year
period, during which domestic support policies and export subsidy
arrangements are exempt from GATT challenges.
European Union (EU)
Established by the Treaty of Rome in 1957 and known previously as the
European Economic Community and the Common Market, Originally composed
of six European nations, it has expanded to 15. The EU attempts to unity
and integrate member economies by establishing customs union and common
policies, including the Common Agricultural Policy, Member nations are
Austria, Belgium, Denmark, Germany, Greece, Finland, France, Ireland,
Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden and the
United Kingdom. The European Commission, the secretariat of the EU,
represents the 15 member countries at the WTO where the group speaks as
a block.
Export Subsidies
Special
incentives, such as cash payments, extended by governments to encourage
increased foreign sales, often used when a nation’s domestic price for a
product is artificially raised above world market prices.
Final Act
Formally
called the “Final Act Embodying of the Uruguay Round of Multilateral
Trade Negotiation”, The Final Act is the legal document containing the
texts of all provisions agreed upon during the Uruguay Round. The
signing and adoption of the Final Act initiated the transition from the
GATT to the WTO.
Food Aid Convention (FAC)
First
negotiated in 1967 and administered by the secretariat of the
International Grain Council, the Food Aid Convention administrators
audit food aid donor members to verify that have compiled with their FAC
commitments. According to the 1995 Convention, these commitments range
from 2.5 million tones of wheat equivalents for the United States, to
20,000 tones for the smallest FAC donor members. Current FAC members are
the US, the 15 members of the European Union, Canada, Japan, Australia,
Switzerland, Norway, and Argentina. The FAC itself does not deliver
international food aid or co-ordinate the food aid programs its members.
At the WTO Singapore Ministerial Conference in 1996, it was agreed that
the food aid component of the decision on Measures Concerning the
Possible Negative Effects of the Reform Programs on Least developed and
Net Food Importing-Developing Countries be forwarded to the Food Aid
Convention for consideration.
Formula based Tariff
Reductions
A method
of negotiating tariff reduction using an agreed-upon formula applied to
tariff rates(with limited exceptions being granted for very sensitive
items) by all contracting parties.
Free Trade:
The concept that governments should not
interfere in or regulate international business with restraints such as
tariffs (import taxes or duties).
FTA:
Free Trade Agreement. An agreement
between countries to reduce/eliminate tariffs on certain goods. When an
FTA is formed between two or more WTO member countries, they agree to
lower their tariffs to zero between each other, but maintain their prior
negotiated tariffs on the products of other WTO countries. FTAs, such as
NAFTA (North American Free Trade Agreement between Canada, Mexico, and
the U.S.), are not in accord with the MFN nondiscrimination policy (see
below) but are allowed because they represent a significant commitment
to free trade.
General Agreement on Tariffs and Trade
(GATT)
An
agreement originally negotiated in Geneva, Switzerland, in1947 among 23
countries, including the US, to increase international trade by reducing
tariffs and other trade barriers. The agreement provides a code of
conduct for international commerce and a framework for periodic
multilateral negotiations on trade liberalization and expansion.
Green Box
A
colloquial term that describes domestic support policies that are not
subject to reduction commitment under the Agreement on Agriculture.
These policies are said to affect trade minimally, and include support
such as research, extension, food security stock, disaster payments and
structural adjustment programs.
LDC:
Least Developed Country. Countries are
sometimes divided into three categories, developed, developing, and LDC.
For example, when transition time schedules are set up for countries to
comply with WTO trade agreements, LDCs are often given more time than
developed countries to comply.
Market Access
The
extent to which a country permits imports. A variety of tariff and non-
tariff trade barrier can be used to limit the entry of foreign products,
thereby reducing market access.
MAI:
Multilateral Agreement on Investment.
This agreement was negotiated by the OECD (Organization for Economic
Cooperation and Development, an alliance of 29 of the wealthiest
countries), with the support of transnational corporations and business
lobbies to set rules restricting the ability of governments to regulate
currency speculation, investment in land, factories, services, stocks,
etc. However, it did not receive enough support and was dropped in 1998.
Now many OECD countries want to revive the MAI, and are pushing to have
it incorporated as a multilateral agreement into the WTO. The Agreement
on TRIMs is a less comprehensive, watered down version of the MAI,
dealing only with investment affecting trade in goods.
Most- Favored – Nation (MFN) Status
An
agreement between countries to extend the same trading privileges to
each other that they extend to any other country. The MFN rule is a
founding principle of the WTO. Under most-favored-nation agreement, for
example, a country will extend to another country the lowest tariff
rates it applies to any third country. A country is under no obligation
to extend MFN treatment to another country, unless they are both members
of the WTO, or unless MFN is specified in an agreement between them. The
WTO allows some exceptions to the rule, for instance to allow developed
countries to extend more favorable trading terms to least developed
countries.
Multilateral:
The term used to describe the WTO
agreements because they apply to multiple countries and commit all
members to liberalizing trade simultaneously. “Multilateral” also refers
to the global nature of WTO activities, as opposed to those of smaller,
often regional organizations like the EU, NAFTA, and ASEAN (Association
of South East Asian Nations).
Non-Tariff Barriers
Regulations used by governments to restrict imports form, and exports
to, other countries, including embargoes, import quotas, and technical
barriers to trade. These include health and environmental standards.
Notification Process
The
annual process by which member countries report to the WTO information
on commitments, changes in policies and other related matters as
required by the various agreements.
Organization for
Economic Cooperation and Development (OECD)
An
organization founded in 1961 to promote economic growth, employment, a
rising standard of living, and financial stability, to assist the
economic extension of member and non-member developing countries and to
expand world trade. The member countries are Australia, Belgium, Canada,
the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungry,
Iceland, Ireland, Italy, Japan, Luxembourg, Mexico, the Netherlands, New
Zealand, Norway, Poland, Portugal, South Korea, Spain, Sweden,
Switzerland, Turkey, The United Kingdom and US.
Peace Clause
See Due Restraint Provision.
Producer Subsidy
Equivalent (PSE)
A
broadly defined aggregate measure of support to agriculture that
combines into one total value aggregate, all the transfers which arise
from the different instruments of agricultural support, both trade and
supposedly non- trade distorting. In the US, these include direct
payments to producers financed by budgetary outlays, such deficiency
payments, budgetary outlays for certain other programs assumed to
provide benefits to agriculture(such as research and inspection and
environmental programs) and the estimated value of revenue transfers
from consumers to producers as a result of policies that distort market
prices. The PSE seeks to reflect the full range of economic distortions
arising from agricultural policies.
Production Control
Any
government program or policy intended to limit production. In
agriculture, these have included acreage allotments, acreage reduction,
set- asides and diverted acreage.
Production Flexibility
Contract Payments (PFCP)
Direct
payment to US farmers for contract crops through 2002 under the US 1996
Farm Act. Payments for each crop are allocated each fiscal year based on
fixed percentage share specified in the Act. The percentages were based
on the Congressional Budget Office’s March 1995 forecast of what
deficiency payments would have been for 1996 to 2002 under the 1990 farm
legislation. PFCPs were initially higher than deficiency payments paid
to farmers. However, they have been set on a descending scale, heading
for zero payments by 2002.
Sanitary and
Phytosanitary (SPS) Measures
Technical barriers designed for the protection of humane health or the
control of animal and plant pests and diseases.
Special Safeguard
Provisions
Provisions within the UR Agreement on Agriculture designed to protect
the products that were subject to tariffication (as a result of
implementation of the Agreement) from surges in imports or large price
declines.
Special Treatment
Clause
A clause
in UR Agreement on Agriculture that gives countries the option of
foregoing tariffication on some commodities and instead requires minimum
imports above the minimum access commitments of 3% to 5% of consumption.
This clause was added to temporarily placate Japan and South Korea by
providing protection for their rice sectors. In the case of Japan, for
instance, the minimum import requirements for rice are at 4% of
consumption in 1995, rising to 8% in 2000.
Tariff
A tax
imposed on imported products by a government which consumers have to
pay. A tariff may be either a fixed charge per unit of product imported
(specific tariff) or a fixed percentage of value (ad valorem tariff).
Tariff are generally imposed when government do not want imported
products to compete with locally made ones. Tariff are also some times
used to tax exports, in order to generate revenue, or to keep certain
products available in the domestic market.
Tariff Escalation
When
import duties are higher on semi-processed products than on raw
materials, and higher still on finished products. This escalation serves
to keep global market open for raw materials but ensures that the
countries producing higher-end processed products are insulated from
competition. Effectively, this entrenches developing countries in the
position whereby they remain exporters of cheap raw products since their
processed products, if any, are barred from entering the global market.
Tariff Peaks
High
tariffs (far above the average tariffs of a country) used to shelter
some “sensitive industries or products, such as textiles, leather goods
and food products.
Tariff- rate Quota
Quantitative limit (quota) on imported goods, above which a higher
tariff rate applied. A lower tariff rate applies to any imports below
the quota amount.
Tariffication
The
process of converting the non-tariff trade barriers to bound tariffs.
This is done under UR agreement in order to improve the transparency of
existing agricultural trade barriers and facilitate their proposed
reduction.
The Quad:
The four WTO members with the largest
shares of world trade: Japan, the U.S., Canada, and the EU.
TNC/MNC:
Transnational Corporation/Multinational Corporation. Representatives
from TNCs are involved in lobbying governments and pushing for WTO
negotiations.
Trade Liberalization
A term
which describes the complete or partial elimination of government
policies or subsidies that restrict trade. The removal of
trade-distorting policies may be done one country (unilaterally) or by
many (multilaterally). |
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AB
Appellate Body
ADP
Anti-Dumping Practices
AMS
Aggregate Measurement Support
AoA
Agreement on Agriculture
ATC
Agreement on Textiles and Clothing
BOP
Balance of Payments
CCCN
Customs Cooperation Council Nomenclature
CVD
Convention on Biological Diversity
CPs
Contracting Parties
DSB
Dispute Settlement Body
DSU
Dispute Settlement Understanding
EC
European Communities
EEC
European Economic Community
EU
European Union
FAC
Food Aid Convention
FDI
Foreign Direct Investment
FOGS
Functioning of the GATT System
GATT
General Agreement on Tariffs and Trade
GATS
General Agreement on Trade in Services
GSP
Generalized System of Preferences
ILO
International Labor Organization
IMF
International Monetary Fund
IPRs
Intellectual Property Rights
ITC
International Trade Centre
ITCB
International Textiles and Clothing Board
LDCs
Least Developed Countries
MAI
Multilateral Agreement on Investment
MEA
Multilateral Environment Agreement
MFA
Multi-Fibre Arrangement
MFN
Most Favored Nation
MTA
Multilateral Trade Agreement
NFIDCs
Net-Food Importing Developing Countries
OECD
Organization for Economic Cooperation and Development
PPMs
Process and Production Methods
PSE
Producer Subsidy Equivalence
R&D
Research and Development
SPS
Sanitary and Phytosanitary Measures
SCM
Subsidies and Countervailing Measures
TBT
Technical Barriers on Trade
TNC
Trade Negotiating Committee
TNCs
Transnational Corporations
TRIMs
Trade Related Investment Measures
TRIPs
Trade Related Intellectual Property Rights
UNCED UN
Conference on Environment and Development
UNCTAD UN
Commission on Trade and Development
UNEP UN
Environment Program
UNHCR UN
High Commission for Human Rights
UNIDO UN
Industrial Development Organization
WB World Bank
WIPO
World Intellectual Property Organization
WHO
World Health Organization
WTA
World Trade Agreement
WTO
World Trade Organization
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