Multilateral trading system trading blocks, trade barriers (tariff & non tariff) , WTO , ICC Multilateral trading system • The multilateral trading system refers to the system that governs the trading among various countries. • This system has been established over the years as a result of international trade negotiation among various countries. • The entire world is one country for the business. Erasing national, political boundaries for the purpose of business can be termed as globalization. • In other words, integration of the economy of a country with the rest of the world economy is called globalization. • Globalization implies opening up the economy for foreign direct investment by liberalizing the rules and regulations by creating favorable and encouraging industrial climate. • Indian government globalised economy by announcing economic liberalizations in 1991. • The steps taken by the government of India helped the country to integrate the Indian economy with the rest of the global economy. • In fact, the seeds for an integrated global economy were sown as early as 1940s when the steps were taken to establish International Monetary Fund, International Bank for Reconstruction and Development, General Agreement on Tariffs and Trade. • Now, we shall discuss briefly the establishment of GATT and its transformation into World Trade Organization. GATT- GENERAL AGREEMENT ON TARIFFS AND TRADE • The prolonged recessions before the World War II in the west were due to the prolonged protectionism followed by the industrialized countries. • This let to conduct of negotiations in 1947 among 23 countries inorder to prevent the protectionism policies and to revive the economies from the recession. • These negotiations of the conference resulted in the General Agreement of Tariffs and Trade (GATT) among the participated countries. Thus GATT has its origin in 1947 at a conference in Geneva. The objectives of GATT are: • To raise standard of living. • To ensure full employment and a large and steadily growing volume of real income and effective demand. • To develop the full use of the resources of the world, and • To expand production and international trade. Several rounds of negotiations were held since the inception of GATT. The nature of the negations in the rounds during 1947 to 1960 was tariffs. The negotiation in other rounds included antidumping measures etc. The significant round is the Uruguay round of 1986. The nature of the issues in this round include agricultural and protection of intellectual property rights under GATT. URUAGUAY ROUND AND DUNKEL PROPOSALS • Uruguay round of multilateral trade negotiations was initiated in September 1986 and concluded on 15th September 1993. Mr. Arthur Dunkel, the Director General of GATT submitted a proposal on 20th December 1991 popularly known as Dunkel Proposal which envisages (predict) trade liberalizations in many areas like trade related investment measures (TRIMs), trade related intellectual property rights (TRIPs), other services, textiles, clothing and agriculture subsidies. • These proposals were discussed in the final round of GATT. This round of negotiation covers a wide range of subjects like subsidies, safeguards, trade related intellectual property rights (TRIPs), and trade related investment measures (TRIMs) and trade services. An agreement regarding multilateral trading system was finally signed in Marrakesh, Morocco, on 15th April, 1994. ESTABLISHMENT OF WORLD TRADE ORGANISATION (WTO) • Government of the member countries of GATT concluded the Uruguay round negotiations on 15th December, 1994. The ministers expressed their political support to the outcome of the meeting by signing the final act in Marrakesh, Morocco on 15th April 1994. According to the Marrakesh declaration, the results of the Uruguay round would. “Strengthen the world economy and lead to more trade, investment, employment and income growth throughout the world”. • In order to implement the final act of Uruguay Round agreement of GATT the World Trade Organization (WTO) was established on January 1, 1995. • The Marrakesh Agreement, provides for the establishment of World Trade Organisation (WTO) as an apex body to oversee the implementation of all the multilateral and plurilateral agreement negotiated during the Uruguay Round. • WTO has been established by renaming GATT. • So WTO provides the institutional framework required for the implementation and enforcement of the multilateral trading system as agreed under GATT’ 94. GATT and the birth of WTO • 1947: the birth of GATT - on 30 October 1947, the General Agreement on Tariffs and Trade (GATT) was signed by 23 nations. • 1948: Entry into Force. On 1 January 1948. GATT entered into force. • 1949: Second round of Annecy: during the second round of trade negotiations, held from April to August at Annecy, France, the contracting parties exchanged some 5,000 tariff concessions. • 1950: third round at Torquay. From September 1950 to April 1951, the contracting parties exchanged some 8,700 tariffs concessions in the English town, yielding tariff reduction of about 25 per cent in relation to the 1948 level. • 1956: Fourth round at Geneva. The fourth was completed in May and produced some $2.5 billion worth of tariff reduction. • 1960: The Dillion Round: the fifth round opened in September and was divided into phases.: the first was concerned with negotiations with EEC (European Economic Community) member states for the creation of a single schedule of concessions for the Community based on its Common External Tariff, and the second was a further general round of tariff negotiations. • 1961: The Short – Term Arrangement, covering cotton textiles, was agreed as an exception to the GATT rules. • 1964: The Kennedy Round. Meeting at Ministerial level, a Trade Negotiations Committee formally opened at Kennedy Round in May. • 1965: A New Chapter. The early 1960s marked the accession to the General Agreement of many newly independent developing countries. In Febuary, the Contracting parties, meeting in a special session adopted the text of part IV on trade Development. • 1973: The Tokya Round: The Seventh Round was launched by Ministers in September at the Japanese capital. Some 99 countries participated in negotiating a comprehensive body of agreements covering both tariff and non-tariff matters. • 1974: The Arrangement Regarding International Trade in Textiles, Otherwise known as the multifibre Arrangement (MFA), entered into force on 1 January 1974. • 1986: The Uruguay Round. GATT trade minister met at Punta de Easte, Uruguay, to launch the eighth Round of trade negotiations on 20 September. Envisaged to last four years, negotiations were held in Geneva, Swizerland, and continued for some seven and a half years convering the most wide ranging and determined agenda of any Round so far. • 1993: Successful Conclusion of Uruguay Round, negotiations on 15 December 1993 in Geneva, Swizerland. • 1994: The final act of Uruguay Round: signed by Minister on 15th April 1994 in Marrakesh, Morocco. Results included average cuts of 4o% on industrial products; an average increase in the percentage of tariff binding from 21% to 73% (from developing countries), from 78% to 99% (for developed countries), and from 73% to 98% (for transaction economies); a comprehensive programme of agriculture reform, including liberalization commitments on tariffs, domestic support and export subsides, and the replacement of all quantitative restrictions and other non-tariff measure by tariffs, etc. • The Uruguay Round results also transformed the provisional multilateral trading system which had existed under GATT into the permanent World Trade Organisation with a significantly strengthened legal mechanism for resolving trade dispute multilaterally. • 1995: World Trade Organization enters into force on January 1, 1995. On may 31, 1995, WTO General Council approved the headquarters Agreement with the Swiss Confederation, including the decision to locate the WTO in Geneva. • Financial Services accord reached on 28 July 1995, with governments agreeing to negotiate further liberalization at the end of 1997. • 1996: Basic Telecommunications negotiations are suspended in May 1996 in spite of substantial offers. Governments participating agreed to preserve the offer to re-examine them during a 30 day period beginning 15 January 1997. • Maritime transport services negotiations suspended in July 1996. Members participating agreed to suspend the negotiations and to resume them, on the basis of existing or improved offers, at the time of the further round of comprehensive negotiations on trade in services mandated to begin in the year 2000. • First WTO Ministerial Conference held in Singapore, 9-13 December 1996. Among the major conclusion of the conference was the establishment of three working groups, respectively, on trade and investment, trade and competition policy, and transparency in government procurement, plus a mandate to conduct a study on trade facilitation. • 1997: Successful Conclusion of negotiations on basis telecommunication services: Sixty nine government agreed to wide-ranging liberalization measures. • On 26 March 1997, forty governments agreed to cut custom duty on information technology products by 2000. international trade in these products amounts to some $ 600 billion annually. • Successful conclusion of negotiations on financial services on 12 December 1997. Seventy government reached a multinational agreement to open their financial services sectors, covering more than 95 % of trade in banking, insurance, securities and financial information. The agreement will enter into force on 1 March 1999. • India is one of the founder members of the WTO. The GATT was not an organization but it was only a legal agreement. On the other hand WTO is designed to play the role of watchdog in the spheres of trade in goods, trade in services, foreign investment, intellectual property rights etc. • The WTO shall facilitate the implementation, administration and operation and further the objectives of this agreement and on the Multinational Trade Agreements and shall also provide the frame work for implementation, administration and operation of the plurilateral trade agreements. • The WTO shall provide the forum for negotiation among its members concerning their multilateral trade relations in matters dealt with under the agreement in the Annexes to this agreement. • The WTO shall administer the understanding on Rules & procedure governing & settlement of disputes. • The WTO shall administer the trade policy review Mechanism, with a view to achieving greater coherence in global economic policymaking, the WTO shall co-operate, as appropriate, with the International Monetary Fund and with the international Bank for Reconstruction and Development and its affiliated agencies. World Trade Organization (WTO) • The World Trade Organization (WTO) deals with the global rules of trade between nations. Its main function is to ensure that trade flows as smoothly, predictably and freely as possible. • The ojective of WTO are, the same as those of the GATT i.e. to secure the conduct of international trade on the basis of non-discrimination. • This is based on the most favoured nation (MFN) principle which states that discrimination among the WTO members is not allowed. • WTO is an organization for liberalizing trade, a forum for governments to negotiate trade agreements and a place for them to settle trade disputes • At the heart of the system — known as the multilateral trading system — are the WTO’s agreements, negotiated and signed by a large majority of the world’s trading nations, and ratified in their parliaments. • The WTO has larger membership than GATT, with the numbers being 153. India is one of the founder members of GATT. Objective of WTO • Raising the standard of living and income. • Ensuring full employment • Expanding production, trade and optimal use of world’s resources. Functions of WTO: WTO is based in Geneva, Switzerland. Its functions are: Administering the multilateral trade agreements which together make up the WTO Acting as a forum for multilateral trade negotiations Seeking to resolve trade disputes WTO is not a “Free trade” institution. It permits tariffs and other forms of protection but only in limited circumstances. Principles of WTO • Non discrimination • Free Trade: Promote free trade between nations through negotiations. • Stability in the trading system: Member countries are committed not to raise tariff and non tariffs barriers arbitrarily. • Promotion of Fair Competition: WTO provides for transparent, fair and undistorted competition. • It discourages unfair competitive practices such as export subsidies and dumping. Multilateral Trading System: Legal Framework Multilateral Trading System Rules Protection to Domestic Industry Meeting Threats of Unfair Trade Competition Protection through Safeguard Measures for Import tariffs only Anti dumping Reduction in import tariffs & duties binding against further increase MFN Principle National Treatment Rule Economic Serious injury Development Counter vailing duties TRIMS (Trade Related Investment Measures) • TRIMS refers to certain conditions or restrictions imposed by a government in respect of foreign investment in the country. • In the late 1980's, there was a significant increase in foreign direct investment throughout the world. • TRIMS are widely employed by developing countries. The Agreement on TRIMs provides that no contracting party shall apply any TRIM which is inconsistent with the WTO articles Anti Dumping Measures: • The WTO Agreement provides clarity in the method of determining that a product is dumped. • A product is regarded as dumped when its export price is less than the normal price in the exporting country or its cost of production plus a reasonable amount of administrative, selling and any other costs. • Anti-dumping duties are to be imposed on goods that are deemed to be dumped and causing injury to producers of competing products in the importing country. These duties are equal to the difference between the goods’ export price and their normal value, if dumping causes injury. • Countervailing measures - Action taken by the importing country, usually in the form of increased duties to offset subsidies given to producers or exporters in the exporting country. Evaluation of WTO • The WTO members now account for over 97% of the international trade indicating the potential of bringing about an orderly development of international trade. Benefits of WTO: • GATT / WTO has made significant achievements in reducing tariff and non tariff barriers to trade. Developing countries too have been benefiting significantly. • Liberalization of investments has been fostering economic growth of a number of countries. • It has a system in place to settle trade disputes between nations. • It has a mechanism to deal with violation of trade agreements. Drawbacks: • Negotiations and decision making in the WTO are dominated by the developed countries. • Many developing countries do not have the financial and knowledge resources to effectively participate in WTO discussions and negotiations. • Due to the dependence of developing countries on the developed ones, the developed countries are able to resort to arms twisting tactics. Tariff: A tariff is a tax. It adds to the cost of imported goods and is one of several trade policies that a country can enact. Non-tariff barriers to trade (NTBs) are trade barriers that restrict imports but are not in the usual form of a tariff. Some common examples of NTB's are anti- dumping measures and countervailing duties. sanitary and phytosanitary measures (SPS): • SPS measures refer to any measure, procedure, requirement, or regulation, taken by governments to protect human, animal, or plant life or health from the risks arising from the spread of pests, diseases, disease-causing organisms, or from additives, toxins, or contaminants found in food, beverages, or feedstuffs. • Specific Tariffs : A fixed fee imposed on one unit of an imported good is referred to as a specific tariff. For example, a country could charge a $15 tariff on each pair of shoes imported, but levy a $300 tariff on each computer imported. Ad Valorem Tariffs this type of tariff is levied on a good based on a percentage of that good's value. An example of an ad valorem tariff would be a 15% tariff levied by Japan on U.S. automobiles. Import Quotas : An import quota is a restriction placed on the amount of a particular good that can be imported. • free trade area : Trade within the group is duty free but members set their own tariffs on imports from nonmembers (e.g. NAFTA). Difference between GATT and WTO GATT WTO •It is a set of rules and multilateral agreement. •It was designed with an attempt to establish International Trade Organisation. •It was applied on a provisional basis. •Its rules are applicable on trade in merchandise goods. •GATT was originally a multilateral instrument, but plurilateral agreements were added at a later stage. •Its dispute settlement system was not faster and automatic. •It is a permanent institution. •It is established to serve its own purpose. •Its activities are full and permanent. •Its rules are applicable to trade in merchandise and trade in services and trade in related aspects of intellectual property. •Its agreements are almost multilateral. •Its dispute settlement system was fast and automatic. ICC (International Chamber of Commerce) • ICC is the world business organization, a representative body that speaks with authority on behalf of enterprises from all sectors in every part of the world. • ICC promotes an open international trade and investment system and the market economy, and helps business corporations meet the challenges and opportunities of globalization. • Business leaders and experts drawn from ICC’s global membership establish the business stance on broad issues of trade and investment policy as well as on vital technical subjects. ICC was founded in 1919 and today it groups thousands of member companies and associations from 130 countries. Trading Blocks and Trade Agreements • There are five different types of economies integration: • Free trade area • Custom union • Common market • Complete Economic Union • Complete Political Integration Free trade area: • In this economic integration, member nations remove all trade impediments among themselves but retain their own policies with the outside world. • That means member countries do not charge any import tariff on imports from each other but they do have their respective policies on imports from the countries outside the group. • Custom Union: • This arrangement of economic integration is similar to free trade area. Besides, member nations also have common external commercial relations. • For example – they adopt common external tariff on imports from the non – member nations. • Common Market: • In this, the member nations have custom union agreement with one another and they also agree for each factor mobility across the national borders of member countries. • That is to say, the common market arrangement also permits free movement of labour and capital amongst the member nations. Complete Economic Union: • In this member countries are part of common market and agree to have complete unification of monetary and fiscal policies. Complete political integration: • In this, the nation members have a central parliament with the control of a national government.