World Trading 23 Inc
WTO and its Priorities in relation to the third world countries
POLITICAL SCIENCE
Do commercial interests of WTO take priority over developmental?
Submitted by:
Prarthna kedia
Christ College of law
Bangalore
Year II, B.A., LLB(Hons.)
Table Of Contents
Introduction ………………………………………………………(3)
Research Methodology …………………….……………………….(4)
Chapter I ……………………………………………………………(6)
Chapter II ……………………………………………………………(8)
Conclusion …………………………………………………………….(13)
Bibilography ……………………………………………………………(14)
Introduction
“We have sent a powerful signal to the world”[1]
This was said by Robert Zoellic, the top US trade negotiator on the evening of 14th November, in a meeting which was held two month after the 9/11 attack that took place in the US.[2] He was of the view that a new trade round would make sure of aspects such as growth, development and prosperity. Promotion of economic development and bringing down, and subsequently removing the poverty in poor countries was the optimistic view that came out of the ninth series of Doha round negotiations and first since the commencement of Trade negotiations under the WTO, which, commonly came to be known as the ‘development round’.[3] The earlier Doha round and the Uruguay round were a complete failure where it came to addressing the grievances of the developing countries, and this round though seemed to be much more optimistically formulated did not deliver on its development mandate and the developed nations stood at the gaining end as always. Quite in opposition to the idea of “most favored nations”. The primary agenda of the round put the interests of the advanced industrial nations at the forefront which was strongly opposed by the developing nations.[4]
This paper is an attempt to bring out the actual character of the WTO agreements. The intention that these agreements possibly carry along with them. Is it possible to argue that these agreements are in fact a way to further the commercial interests of the WTO rather than developmental? or the WTO, in spite of trying its best to further development in the developing nations is restricted by the natural market forces in doing so? Are the developing nations at fault as regards their policies? Or are the policies of WTO faulty? These are the few questions which would be addressed in the following chapters of this paper and at the end the researcher would try and bring out the actual nature and character of the WTO agreements, thus bringing out the reasons for the condition of the Global markets and the major working forces that govern the global trade markets today.
Research Methodology
Aims and Objectives:
This paper is an attempt to study the nature of agreements made by the WTO predominantly with the developing nations as opposed to the developed one and thus to bring the actual character of such agreements.
Research questions:
This project will explore the answers the following question questions:
What is the intention of the WTO behind entering into agreements with its third world member countries?
Does it actually follow its policy of most favoured nations?
What are the market forces that determine the successful working of such forces?
Scope and limitation:
Method of Writing:
The paper has largely been written in a descriptive style and analytical style of writing.
Sources Of Data:
The paper largely consists of secondary sources, such as books, and cases.
Mode Of Citation:
A uniform mode of citation has been used throughout this project, based on the style specified in Bluebook.
Chapter 1
Dealing with the rules of trade at a global level between nations is what the WTO does. The foundation of its working can be traced back to the Uruguay round of negotiations which took place from 1986-1994. As an organization it came into effect on the 1st of January, 1995 and is originated from the General agreements on trade and tariff of 1947. The various WTO agreements include banking, agriculture, government purchases, food regulation, textiles and clothing, industrial standards and product safety, telecommunication and much more.[5]
In 1993 the Uruguay round was being bought to an end with an optimistic note of large welfare gains as projected by several researchers. Organizations like the US organization for economic cooperation and development, World Bank and others came out with figures on welfare gains of around US$ 200 billion, most of which would go to the developing countries.[6] But the actual picture showed that these figures were a little over-estimated. Most of the gains out of this Uruguay round actually went to the developed countries while the rest of it went to some large export-oriented developing countries. The poorest countries would actually stand to loose as a result of this round, while some developing countries received net gains; most of them were net looser. In fact some estimates showed that the 48 least developed nations stood to loose almost about US$600 million a year as a result of this round.[7] “After the implementation of the of Uruguay round commitments, the average OECD tariff on imports from developing countries is four times than on imports originating in the OECD.”[8] US$300 billion was the figure showing domestic protection in the developed countries in the year 2002, the impact of this is quite adverse as the most affected by the OECD policies are the producers in the poorest countries. As minimum as 4 per cent of the exports of the developed countries are subsidized by another WTO member, the exports of the poorest countries is subsidized.[9] Very little attention has been paid to the demands of the developing countries in bringing about a change to the outcome of the Uruguay round. The areas which have been awarded the maximum amount of criticisms are Intellectual Property, customs valuation, technical barriers to trade, and agriculture food safety. Thus the results of the Uruguay round left the developing countries rather disappointed and disillusioned.[10]
Thus it can be clearly seen that the policies of the WTO were rather faulty as regards the Uruguay round. It stood to advantage the developed nations more, hence sidestepping the interests of the developing nations. Which forces us into believing that the WTO actually was looking forward to prioritize its commercial interests against development interest. However it would be incorrect to say such a thing conclusively, without further looking into the subsequent meetings that took place, and the agreements that WTO entered into with the various developing nations. Thus in the next chapter the researcher would be throwing light on some of the principles and policies of the WTO, along with an analysis of such policies and principles so as to come to some sort of understanding, as to where actually is the WTO headed. Whether its primary motive is development or is it otherwise. Does it actually tend to the welfare needs of the developing nations or is it more bent towards the developed nations? These shall be answered by taking a closer look at the policies and bringing out the real motive of the organization.
Chapter 2
“there is already a wide technological gap between rich and poor countries. Although developing countries are rich in informal knowledge, they are net importers of the kinds of high-tech goods and know-how protected by TRIPS. Industrialized research and development(R&D) spending, an even higher share of patents, and are the main exporters of IP.
TRIPS will exacerbate this divide by increasing the cost of knowledge-rich goods imported by developing countries to patent holders in the industrialized world have been climbing rapidly since the mid-1980s. In 1998, the US received a net surplus of more than US$23bn from its IP exports.
Further skew R&D towards rich-consumer markets rather than the basic needs of the poor. There is a massive “market failure” in R&D into medicines and agriculture. Most global R&D is targeted at the markets of rich consumers rather than at the basic needs of the poor. Less than 10 percent of Global spending on health research addresses 90 percent of the global disease burdeb. Similarly, much agriculture researcg aims to improve the appeareance and taste of produce for consumer in rich markets, rather than to support the sustainable farming of staple foods such as sorghum cassava, on which many poor farmers depend.
-Intellectual Property and Knowledge Gap, Oxfam policy paper, December 2001.”[11]
The above clearly shows that Trips, WTO and general international trade related agreements overlook the needs of public health and instead the commercial interests are promoted by providing export subsidies in such products to the huge market players like the US. As pointed out by Noam Chomsky[12]”the World Trade Organization regime insists instead of product patents, so you cant figure out a smarter process. Notice that impedes growth, and development is intended to. It,s intended to cut back innovation, growth, and development and to maintain extremely high profits.”[13] Further if we take a look at the various principles of the WTO it talks about a policy of non discrimination and says that the national and foregein companies should be treated equally, meaning should be given the same national treatment, the Member countries should treat each other equally relating to the trade related issues, further the negotiations that take place should be transparent and fair meaning each country should be put at an equal footing, and recognizing the fact that the realatively poorer country would require positive discrimination due to poor trade development in these countries.[14] However in reality not all of these principles have been abided by infact the WTO has been criticized on various occasions by the developing countries of being opaque and not according equal treatment to all countries and sorts of public and welcoming only the large corporations.[15] “During the week of May 20, 1998, celebrations marked 50 years of multilateral trade. However, the African nations did not feel that there was much to rejoice at and said that it was a party where only the rich nations has[sic] something to celebrate.”[16]
Robert Zoellicks statements reflected the optimistic mood after the Doha Ministerial Conference, it showed the hope for the negotiation rounds to be successful[17]
“Doha lays the groundwork for a trade liberalization agenda that will be a starting point for greater development, growth, opportunity and openness around the world…we’ve settled on a program that lays out ambitious objectives for future negotiations on the liberalization of the agriculture market. These objectives represents a cornerstone of our market access priorities for trade and they will create a framework that will help the United States and others to advance a fundamental agricultural reform agenda. On a range of issues, such as agriculture liberalization and reduction of tariffs on non-agricultural goods, we’ve shown how our interests can converge with the developing world. I believe that we in the United States have an enhanced appreciation for the interest of the developing nations in trade.[18]
Though it is true that the interests of the various developing nations differ from each other and it is infact difficult to address all of them perfectly but as seen from the evolving agenda of the Doha Rounds it was seen that the agenda was not really designed in a manner to address the real concerns of the developing countries. In the years 2002 and 2003 the direction of the Doha round was recognized to be wrong on many key issues by the developing countries. This round did provide the countries with a few immediate benefits, however it imposed on these countries a lot many obligations which made these country back out from the Cancun ministerial meeting held in 2003.[19]
One of the most areas where the Doha round failed miserably, according to the developing countries, was agricultural reforms which was viewed as the Primary objective of the round by most of such countries. After having missed the dealine, for agreement on agriculture modalities, a joint paper on agriculture was submitted by the US and EU, which was highly criticized by the developing nations, as according to these countries their interests had been totally ignored in the paper. In fact in respects like export subsidy, domestic support and market access, it was viewed a step backward as opposed to the Doha mandate.[20] “The EU- US text falls short of our expectations and as such we find it difficult to accept it as a basis of our further work”.[21] This is what the Kenyan Ambassador Amina Chawari[22] Mohamed said while critically viewing the framework.[23]
After the Uruguay round it was clearly understood that the agricultural liberalization would increase, however the round failed to deliver any such expectations.[24] There were these two particular issues against which the maximum amount of criticism was leveled, first being the TRIPS agreement which called for all the member states to provide for and in fact guarantee a very heavy protection to all intellectual propertywhich were thought to restrict technology transfer and increase the already existing technology gap between the rich and the poor countries. Trips did provide the provision of acquiring license to produce drug domestically however, such a provision was quite useless as these countries had negligible amounts of capabilities to manufacture as the trade of generic drugs was restricted in between the developing countries by TRIPS.[25]
A fifth round of Doha declaration of ministerial meeting was called for on the 14th of September 2003 but after two years of having missed the deadlines and failing the negotiations the round did little good and the developing countries were forced into forming G20(consisting of some twenty developing nations) to form an effective negotiating forum for the agricultural issues. The G20 pressurised the US and the EU to provide for greater market access and subsidy reduction but the richest countries were unwilling to provide serious concessions which left the developing nations frustrated.
Thus it can be clearly seen from these rounds that though the meetings started on a positive note everytime providing for bigger promises everytime and an honest intention to make these negotiations successful, each and every fell short on its promises. The commercial gains were great, but for the big market players accruing greater profits to the WTO. However with each round the WTO and the richer member countries kept loosing their goodwill with the developing countries and with the middle income public of the world at large. Especially the failiure of such countries to provide with concessions and larger market accessions to the developing countries under the TRIPS agreement for the drugs realted issues, so much so that these countries failed to compromise even at the time of epidemics like AIDS having been spread in these countries. Which made them a reason for huge criticism at the global fora, only after which they decided to loosen up their policies for the benefit of the developing countries to do away with the cristicisms leveled against them.
Thus yet again I am forced to think that the WTO in fact focuses more on the commercial aspects rather than developmental, why then would each and every meeting fall short of its commitment, though it is true that each developing country has different problems, but why are the majority of them unhappy with the way WTO has been Working? Why have they been forced to form trade regulation groups for themselves for better redressal of their grievances? Why has the WTO not been able tp retain the faith of these countries in itself inspite of having projected promises which if properly met with would have infact done the developing countries good. Why at the end have only the richer countries got to dominate the meeting scenarios sidestepping the concerns of the poor nations? These are certain questions that leads me into thinking rather negatively about all the promises made by the WTO so far.
Conclusion
“Bad ideas flourish because they are in the interest of powerful groups” —-Paul Krugman[26]
Thus, in conclusion I would like to give out certain facts which would clearly justify the point that I have been trying to make so far in the paper
- $58 billions in 1948 and rise upti $5,984 billions in the year 2001 was the the total of the exports of goods, out of which the developing countries, which form 75 percent of the total world population had a share of less than 30 percent of the total world’s exports.[27]
- Agricultural subsidies in the developed countries are estimated to be of the order of one billion dollar a day that is $350 billion dollars per annum. Which was projected to be $250 billion dollar in the Uruguay round, thus showing that whatever the actual figure may be there definitely has been a huge increase in the agricultural subsidies, as opposed to their contribution of $50 billion countries as overseas developed assistance.[28]
- “Japan’s import duty on cocoa beans is zero percent but 30percent on chocolates. In the case of Korea, it is two percent and 40percent respectively”.[29]
- Tropical products and fruits and vegetables are products that the EU cannot produce however these are the goods that constitute a mjor part of EU’imports(approximately 70 percent).[30]
- 55 percent of the world trade is almost duty free as emphasized by the proliferation of FTA’s.[31]
- Duties collected by the US customs amounted to $8.9 million from Bangladessh imports of $54 million between January and March 2003 whereas at the same time the figures for French goods were duties of $1.13 million on imports of $1.31 billion.[32]
- During the 1980s and 1990s the developing countries saw the deficits in trade increasing by three percent on an average.[33]
- 2001 estimates showed the service sectors providing for 50 percent of the global annual FDI flows.[34]
- Hong Kong’s share of services in terms of percentage of the Gross
Domestic Product(GDP) was estimated to be 81 percent.[35]
Thus these facts clearly show that WTO in spite of being the sole body regulating trade at the global level and having initself principles such as that of Most-Favored –nations, non-dicrimintion, transparency and equal national treatment has miserably failed to see beyond the commercial interests and thus be equal to all the countries of the world. The richer countries have always been the ones playing the dominant role in the global markets and in turn adversely effecting and regulating the trade policies of the relatively poor countries. It is not the natural market forces that has compelled the WTO in taking the commercial interests much more into consideration than the developmental, the market forces rather has been determined by the WTO and its rich member countries to serve their own interest. Though some of the policies of the developing countries have been faulty but most of them have lost in the global market due to the policies of the WTO, which has also lead to a loss of faith upon such organizations and agreements by the developing and the third world countries.
Bibliography
BOOKS-
1.Palle Krishna rao, WTO text and cases (1st ed., 2005).
2. Joseph E. Stiglitz et al., Fair Trade For All (2005).
3.Regional trade agreement and the wto legal system(2006).
Miscellaneous-
http://www.globalissues.org/TradeRelated/FreeTrade/WTO.asp#WTOprinciples.
[1]Joseph E. Stiglitz et al., Fair Trade For All 1(2005).
[2] Id
[3] Ibid, at 3.
[4] Ibid, at 5
[5] Palle Krishna rao, WTO text and cases 1(1st ed., 2005).
[6] Supra note 1, at 46.
[7] id
[8] Supra note 1, at 47.
[9] Supra note 1, at 48.
[10] Ibid
[11] http://www.globalissues.org/TradeRelated/FreeTrade/WTO.asp#WTOprinciples
[12] Ibid
[13] Ibid
[14] Supra note 5, at 5.
[15] Supra note 11
[16] Ibid
[17] Supra note 1, at 57.
[18] Ibid
[19] Ibid
[20] Supra note 1, at 58
[21] Ibid
[22] Ibid
[23] Ibid
[24] Supra note 1, at 61
[25] Ibid
[26] Supra note 11.
[27] Supra note 5, at 23.
[28] Ibid
[29] Ibid
[30] Ibid
[31] Ibid
[32] Ibid
[33] Ibid
[34] Ibid
[35] Ibid
About the Author
Prarthna Kedia, is a Student of law at the School of Law, Christ University, Bangalore. Currently in her 4rth year Takes a keen Interest in International and National Political issues.
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