The establishment of the World Trade Organisation has led to a significant reduction in the level of tariffs applied countries member to the WTO. Nevertheless, there has been a substantial mushrooming of non-tariff measures over the last decade. The latte

Authors Avatar by sharmaiii (student)

Table of Contents

Introduction

The WTO came into being in 1995, replacing the General Agreement on Tariffs and Trade (GATT). GATT was created in 1947, one of the post-second world war institutions for international governance. The United Nations, the International Monetary Fund (IMF) and World Bank were the other institutions created in the 1940s, as world leaders at the time believed that if international institutions had existed that were capable of responding to the economic and social crises of the 1930s, it would have been possible to prevent the international climate from deteriorating to the point of war. In the 1930s, many countries had imposed arbitrary and increasingly high and discriminatory trade barriers in an attempt to hold the effects of economic depression out of their countries by keeping domestic industries alive and thus maintain domestic employment. But in fact this protectionism (protection of domestic producers at the expense of imports and global welfare) caused the effects of economic depression to spread all over the world.

Rules for international trade were thus seen as a key part of post-war international governance, and GATT aimed to introduce predictability, stability and non-discrimination in international trade. GATT's creators believed that rules to ensure that trade was free and predictable was the best way to share the benefits of economic growth from one country to another. At first GATT had the modest aim of reducing barriers to trade, with a particular focus on tariffs as these were the main trade-restricting device used at the time. Eight rounds of tariff were negotiated within the GATT. The last of these, known as the “Uruguay Round” resulted in the creation of the World Trade Organization (WTO). The WTO Agreement incorporated the GATT as one element of its broad mandate. WTO rules reach into just about every area of daily life including food production, water distribution, transport policy, environmental protection, cultural diversity, professional standards and the price of pharmaceuticals. (See Box 1) In addition to including far more subject areas, it also covers more countries. The WTO's current membership of 146 – with another 30 countries in the process of joining – reflects all social and economic systems, whereas communist and socialist countries were never part of the GATT system.

Two processes explain the broader reach of the WTO, one gradual, the other a more abrupt break from the past. As tariffs gradually dropped in the course of GATT's tariff-reduction negotiating rounds, countries turned to non-tariff trade-regulating measures to limit competition from imports. These non-tariff measures (NTMs) include subsidies, technical standards and import licensing. They also include measures such as environmental or health-related standards, or packaging requirements, which can limit imports.

These NTMs could also be – and often are – used to disguise discriminatory or protectionist motives. In the 1960s, responding to these new forms of possible protectionism, GATT started regulating and limiting the use of NTMs as well as tariffs, and the WTO has continued to do so. New issues were introduced more abruptly into the GATT framework during the Uruguay Round. Industrialized countries pushed for including rules on intellectual property, trade in services and investment into the multilateral framework from the 1980s. Although developing countries resisted this at first, they finally relented, and the WTO now contains far-reaching, and still controversial, rules on intellectual property, services and investment.

To persuade developing countries to accept these, industrialized countries agreed to bring agriculture and textiles into the GATT and the WTO. Developing countries can produce agricultural products and textiles more competitively than industrialized countries. Both these areas had been excluded from GATT rules, which allowed industrialized countries to subsidize their farmers, and to refuse access to their markets of cheaper textiles from Asia, Africa and Latin America. Last but not least, the Uruguay Round created a dispute settlement mechanism (DSM) for the WTO, which is binding on all WTO members. The DSM's ability to issue compulsory rulings on the laws, practices and policies of individual countries, backed by trade sanctions, gives the WTO more power than any other international institution.

Establishment of WTO

Continual reductions in tariffs alone helped spur very high rates of world trade growth during the 1950s and 1960s - around 8% a year on average. The momentum of trade liberalization helped ensure that trade growth consistently out-paced production growth throughout the GATT era, a measure of countries’ increasing ability to trade with each other and to reap the benefits of trade.

GATT’s success in reducing tariffs to such a low level, combined with a series of economic recessions in the 1970s and early 1980s, drove governments to devise other forms of protection for sectors facing increased foreign competition.  High rates of unemployment and constant factory closures led governments in Western Europe and North America to seek bilateral market-sharing arrangements with competitors and to embark on a subsidies race to maintain their holds on agricultural trade. Both these changes undermined GATT’s credibility and effectiveness.

The problem was not just a deteriorating trade policy environment. By the early 1980’s the General Agreement was clearly no longer as relevant to the realities of world trade as it had been in the 1940s. For a start, world trade had become far more complex and important than 40 years before: the globalization of the world economy was underway, trade in services not covered by GATT rules was of major interest to more and more countries, and international investment had expanded. The expansion of services trade was also closely tied to further increases in world merchandise trade.

In other respects, GATT had been found wanting.  For instance, in agriculture, loopholes in the multilateral system were heavily exploited and efforts at liberalizing agricultural trade met with little success. In the textiles and clothing sector, an exception to GATT’s normal disciplines was negotiated in the 1960s and early 1970s, leading to the Multifibre Arrangement. Even GATT’s institutional structure and its dispute settlement system were causing concern. These and other factors convinced GATT members that a new effort to reinforce and extend the multilateral system should be attempted. That effort resulted in the Uruguay Round, the Marrakesh Declaration, and the creation of the WTO.

Overview of GAAT Trade Rounds

The first five GATT trade round negotiations focused mainly on tariffs as shown in figure . In the Uruguay round of the GATT/WTO negotiations, members agreed to drop the use of import quotas and other non-tariff barriers in favor of tariff-rate quotas. Countries also agreed to gradually lower each tariff rate and raise the quantity to which the low tariff applied. Thus, over time, trade would be taxed at a lower rate and trade flows would increase. Given current U.S. commitments under the WTO on market access, options are limited for U.S. policy innovations in the 2002 Farm Bill in respect of tariffs on agricultural imports from other countries.

Providing higher prices to domestic producers by increasing tariffs on agricultural imports is not permitted. In addition, particularly because the U.S. is a net exporter of many agricultural commodities, successive U.S. governments have generally taken a strong position within the WTO that tariff and TRQ barriers need to be reduced.

Table 1      Source: WTO Website

The first five rounds of GATT negotiations are referred to as Geneva 1947, Annecy (France) 1949, Torquay (England) 1951, Geneva 1956, and the Dillon Round (Geneva) 1960-62. These five focused principally on reducing tariff rates following procedures similar to those used by the United States in negotiating its reciprocal trade agreements during the 1930s and early 1940s.  The sixth round--the Kennedy Round 1962-67--was primarily concerned with multilateral tariff cuts as well, but a new approach to tariff reductions was attempted with mixed results.

The Kennedy Round was also the first time that negotiations addressed certain nontariff barriers to trade. The seventh GATT round--the Tokyo Round--lasted from 1973 to 1979, and in addition to tariff cuts, produced a series of detailed "codes' or rules on the use of nontariff measures by governments. The eighth, the Uruguay Round of 1986-94, was the last and most extensive of all. It has led to the WTO and a new set of agreements.

How the WTO Works.

The term 'WTO' is used to refer to any one of four distinct things:

  1. The WTO as an organization (i.e. its member states, acting collectively),
  2. The WTO secretariat,
  3. The WTO Agreement, or
  4. The WTO dispute settlement mechanism.

 It is important to distinguish between these when devising strategies for responding to human rights-adverse impacts of the WTO, as much of the criticism directed against the WTO actually concern decisions taken by WTO members themselves, rather than problems with the legal texts of the WTO Agreement.

As an organization, the WTO's main functions include serving as a forum for ongoing trade negotiations, implementing the WTO agreements and overseeing their implementation, as well as handling trade disputes. The WTO operates through Councils or Committees. The Council on Trade-related Intellectual Property Rights (TRIPs) for instance, oversees the agreement of the same name. The Ministerial Conference, which meets every two years, is the highest decision-making body of the organization. The fifth Ministerial was in Cancún in September 2003, and the sixth will probably meet in Hong Kong in 2005. In between Ministerial Conferences, the General Council is responsible for general aspects of the WTO's ongoing work.

Apart from Ministerial Conferences, all meetings of WTO Councils and Committees take place in Geneva. The WTO is a 'member-driven' organization. This means that all its decisions are made by all its members – it has no executive body like the Executive Directors of the World Bank (see the DTP Module on the World Bank and the ADB) or the Executive Board of the UN Development Programme (UNDP). All WTO decisions are made by consensus; although the WTO Agreement does provide for the possibility of decision-making by majority vote, this has never happened. Another aspect of the WTO's member-driven nature is that the Secretariat has no executive power, and can take no initiative of its own without specific instructions from the WTO's membership.

The Secretariat merely provides support to WTO members such as background papers and minutes of the meetings. The WTO is based in Geneva; it has no field offices or permanent representation elsewhere. The WTO Agreement is the term used to refer to the legal texts adopted in 1995 that set out the rules that WTO members must apply, as well as processes for implementing and monitoring the application of these rules. (See Box 1.) In themselves, these rules leave enough latitude for a WTO member to implement them in a way consistent with their own development, social, cultural or environmental goals. Section 3 will explain how it comes to be that in practice, WTO members often implement trade rules in a human rights-inconsistent way.

Finally, any WTO member may challenge another member's trade-related rules and practices in a quasi-judicial process, if the challenging member considers it inconsistent with WTO rules. First an independent panel of 3 or 5 individuals rules on whether or not the challenged measure is WTO consistent. If either party to the dispute challenges the ruling, it goes to the WTO DSM's standing Appellate Body, which issues the final ruling. If the challenged member is found to have contravened its WTO obligations, the DSM will recommend that it change the law or measure at issue. If the member does not do so, the DSM can authorize the victor in the dispute to impose trade retaliation measures (through 'suspending trade concessions,' in WTO jargon) against the challenged member.

Join now!

Tariffs

There is widespread agreement that the post World War II period has been characterized by a gradual strengthening of international economic interactions, evidenced by the presence of intense and increasing world trade in goods, services and flows of capital. This phenomenon of growing interaction has been accompanied by economic integration at the international level, intended as a process of tariff reduction.

Analysis of the data on trade and financial flows in the second half of the 20th century would seem to confirm the hypothesis of a high level of interaction at world level. World data ...

This is a preview of the whole essay