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Chapter 38
GATT/WTO AND GLOBAL LIBERALISATION
WTO principles and agreements are a very important component of the global business environment significantly impacting domestic as well as global business.
GATT
The General Agreement on Tariffs and Trade (GATT), the predecessor of WTO, was born in 1948 as result of the international desire to liberalise trade. The GATT was transformed into a World Trade Organisation (WTO) with effect from January, 1995. India is one of the founder members of the IMF, World Bank, GATT and the WTO.
Objectives
1. 2. 3. 4.
The Preamble to the GATT mentioned the following as its important objectives. Raising standard of living. Ensuring full employment and a large and steadily growing volume of real income and effective demand. Developing full use of the resources of the world. Expansion of production and international trade.
For the realisation of its objectives, GATT adopted the following principles: 1. Non-discrimination: The principle of non-discrimination requires that no member country shall discriminate between the members of GATT in the conduct of international trade. 2. Prohibition of Quantitative Restrictions: GATT rules seek to prohibit quantitative restrictions as far as possible and limit restrictions on trade to the less rigid tariffs. 3. Consultation: By providing a forum for continuing consultation, it sought to resolve disagreements through consultation.
Following the UR Agreement, GATT was converted from a provisional agreement into a formal international organisation called World Trade Organisation (WTO) with effect from January 1, 1995.
Non-tariff Barriers: In the area of NTBs, the Agreements to abolish voluntary export restraints (VERs) and to phase out the Multifibre Arrangements (MFA) are regarded as landmark achievements for developing countries.
Liberalisation of Agricultural Trade The important aspects of the UR Agreement on agriculture include. 1. Tariffication 2. Tariff binding 3. Tariff cuts 4. Reduction in subsidies and domestic support.
GATS
The General Agreement on Trade in Services (GATS) which extends multilateral rules and disciplines to services is regarded as a landmark achievement of the UR In short, the GATS covers four modes of international delivery of services. 1. Cross-border supply (transborder data flows, transportation services) 2. Commercial presence (provision of services abroad through FDI or representative offices). 3. Consumption abroad (tourism) 4. Movement of personnel (entry and temporary stay of foreign consultants)
TRIMS
Trade Related Investment Measures (TRIMs) refers to certain conditions or restrictions imposed by a government in respect of foreign investment in the country. The Agreement on TRIMs provides that no contracting party shall apply any TRIM which is inconsistent with the WTO Articles.
TRIPS
One of the most controversial outcomes of the UR is the Agreement on Trade Related Aspects of Intellectual Property Rights including Trade in Counterfeit Goods (TRIPs). TRIPs along with TRIMs and services were called the new issues negotiated in the Uruguay Round.
Anti-dumping Measures
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 for administrative, selling and any other costs and for profits.
Safeguard Actions
Members may take safeguard actions, i.e., import restrictions to protect a domestic industry from the negative effects of an unforeseen import surge, if a domestic industry is threatened with serious injury. Safeguard measures would not be applicable to developing countries where their share in the member countrys imports of the product concerned is relatively small.
Doha Declaration
The Fourth session of the Ministerial Conference of the WTO was held in Doha (Qatar) in November 2001, in which Ministers from the 142 member countries participated. The Doha meet concluded by drawing up the Doha Development Agenda for new trade liberalisation talks The Doha Ministerial adopted three major declarations: (i) on the negotiating agenda for the new WTO round, (ii) on some 40 implementation concerns of the developing countries and (iii) on the political statement dealing with patents and public health. One remarkable achievement of the Doha Ministerial for developing countries is that in the case of TRIPs and public health. it allowed waiver of the patent law to face a national emergency.
Business Environment Francis Cherunilam
The Uruguay Round Agreements and WTO have come in for scathing criticisms in India. Many politicians and others have argued that India should withdraw from the WTO. Most of the criticisms are either baseless or due to lack of knowledge of the international trading environment, and misinformation, or are just meant to oppose the government by the opposition parties. Indias gain from trade liberalisation has been constrained by her limited participation in global trade.
India has taken several measures to comply with the TRIPs Agreement: these include amendments to some laws and new legislations. Estimates of Indias possible gain from the trade liberalisation vary very wide between $2 billion and $7 billion a year. Although the liberalisation of trade in textiles will benefit the developing countries, Indias gain will depend a lot on her competitive strength visa-vis other textile exporters.