Friday 21 June 2019

International Financial Institutions



Objectives:
i.            To understand the various international financial institutions and their roles in international business
ii.            To describe the importance and roles played by these institutions
iii.            To develop an insight into the formation and development of these institutions
iv.            To evaluate the advantages and disadvantages of these institutions

Introduction
International business is facilitated by a number of financial and other institutions that play a critical role in supporting and enhancing international transactions. These include:
·        The International monetary fund,
·        The World Bank and,
·        The World trade Organization

THE INTERNATIONAL MONETARY FUND (I.M.F)
The I.M.F was established in 1945 and according to article 1 of the articles of agreement of the international monetary fund it has the following aims
        i.            To promote international monetary co-operation through a permanent institutions which provides the machinery for consultation and collaboration on international monetary problems
      ii.            To facilitate the expansion and balanced growth of international trade, and to contribute thereby to the promotion of maintenance of high levels of employment and real income and to the development of the productive resources of all members as primary objectives of economic policy
    iii.            To promote exchange stability, to maintain orderly exchange arrangements among members, and to avoid competitive exchange depreciation
    iv.            To assist in the establishment of a multilateral system of payments in respect of current transactions between members and in the elimination of foreign exchange restrictions which hamper the growth of world trade
      v.            To give confidence to members by making the general resources of the fund temporarily available to them under adequate safeguards thereby providing them with the opportunity to correct maladjustments in their balance of payments without resorting to measures destructive of national or international prosperity
    vi.            In accordance with the above, to shorten the duration and lessen the degree of disequilibrium in the international balances of payments of members
The I.M.F has 184 members to date, including Kenya, and carries out work in three main areas:
        i.            Surveillance. This involves the monitoring of economic and financial developments and the provision of policy advice, aimed at crisis prevention
      ii.            Lending. The I.M.F lends to countries with balance of payments difficulties as a means of providing temporary financing and in order to support policies aimed at correcting the underlying problems. In addition, loans are provided to low-income countries which are especially aimed at poverty reduction
    iii.            Technical assistance and training. These are provided by the I.M.F in its areas of expertise
    iv.            Research and statistics. This function is aimed at supporting the previous three aspects of the work of the I.M.F
In recent years the IMF has applied its surveillance and technical assistance work to the development of standards and codes of good practice in its areas of responsibility and to the strengthening of financial sectors, examples of these standards and codes are data standards, fiscal transparency and transparency in monetary and financial policies

I.M.F Lending
Loans from the I.M.F are usually provided under an arrangement whereby the conditions that a country must meet in order to gain access to the loan are stipulated. These arrangements are based on economic programmes formulated by countries in consultation with the international monetary fund. Loans are released in phased instalments as the agreed programmes are carried out.

The I.M.F lending can take the form of concessional and non-concessional lending. These diverse loan instruments or facilities are tailored to the requirements of its diverse membership. The I.M.F attempts to discourage an excessive use of its resources by imposing a surcharge (an interest rate premium) on large loans.

Concessional I.MF facilities
The poverty reduction and growth facility (PRGF)
Assistance to developing countries was for many years provided through the enhanced structural adjustment facility (ESAF). A decision was, however reached in 1999 to strengthen the focus on poverty Reduction Strategy Paper which is prepared by the country in collaboration with civil society and other development partners, especially the World Bank. The interest rate levied on PRGF loans is 0.5 percent and loans repayment is over a period of 5.5 – 10 years

Non-concessional I.M.F facilities
Non-concessional facilities are subject to the I.M.F‘s market-related interest rate which is based on the SDR interest rate. This interest rate is based on the SDR rate on interest which in turn is revised weekly to take account of changes in short-term interest rates in the major international money markets. The non-concessional facilities include the following
        i.            Stand-By Arrangements (SBA). This facility is designed to deal with short-term balance-of-payments problems and is the most widely used facility of the I.M.F. it typically has a length of 12-18 months and repayment is normally expected within 2.25 – 4 years unless an extension is approved
      ii.            The Extended Fund Facility (EFF) This facility was established in 1974 with the aim of helping countries to address protracted balance-of-payments problems that were rooted in the structure of the economy. Given this emphasis arrangement under this facility are longer and repayment is normally expected within 4.5 – 7 years unless an extension is specifically approved
    iii.            Supplementary Reserve Facility (SRF) This facility was introduced in 1997 in order to meet a need for very short-term financing on a large scale. Under this facility countries are expected to repay loans within 1-1.5 years, although an extension of up to 1 year may be requested
    iv.            Contingent Credit Lines (CCL) This facility was established in 1999 and it differs from other I.M.F facilities because it aims to help member countries to prevent crises. It is aimed at countries that are implementing sound economic policies but which may find themselves threatened by a crisis elsewhere in the world economy. It is subject to the same repayment conditions as the SRF, except that CFF loans carry no surcharge
      v.            Emergency assistance. The I.M.F provides emergency assistance to countries that have experienced a natural disaster or are emerging from a conflict situation. These loans are subject to the basic rate of charge and must be repaid within 3.25 – 5 years.
THE WORLD BANK GROUP
The World Bank Group consists of five closely associated institutions, all owned by the member countries. Each institution plays a distinct role in the mission to fight poverty and improve living standards for people countries. The term World Bank Group encompasses all five institutions whereas the term “World Bank” refers specifically to the IBRD and the IDA.
        i.            The International Bank for Reconstruction and Development (IBRD)
This institution was established in 1945 and has currently 184 members, including Kenya which became a member on February 3rd 1964. The IBRD aims to reduce poverty by promoting sustainable development in middle-income and creditworthy poorer countries by means of loans, guarantees, and non-lending which includes analytical and advisory services. The IBRD does not aim at maximising profits but it has earned a net income each year since 1984. Its profits fund several developmental activities and ensure financial strength which in turn enables the member countries and the IBRD links voting power to members’ capital subscriptions. These subscriptions are in turn based on a country’s relative economic strength.
      ii.            The International Development Association (IDA)
This institution was established in 1960 and has 162 members to date. The IDA helps the world’s poorest countries to reduce their levels of poverty by providing interest-free credits with a ten year grace period and maturities of 35 to 40 years. In most of the countries supported by the IDA assists in providing access to better basic services such as health and education and supports reforms and investments aimed at employment creation and productivity growth.
    iii.            The International Finance Corporation (IFC)
This institution was established in 1956 and currently has 175 members. The mandate of the IFC is to further economic development through the private sector. In association with business partners it invests in sustainable private enterprises in developing countries and also provides long-term loans, guarantees, and risk management and advisory services to its clients. The IFC invests in regions and projects in regions and sectors which are insufficiently served by private investment and seeks new ways to develop promising opportunities in markets which are considered too risky by commercial investors in the absence of IFC participation.
    iv.            The Multilateral Investment Guarantee Agency (MIGA)
MIGA was established in 1988 and to date has 157 members. MIGA aims at promoting foreign direct investment into emerging economies in order to improve people’s lives and to reduce poverty. This mandate is fulfilled by MIGA by offering political risk insurance in the form of guarantees to investors and lenders thereby helping developing countries to attract and retain foreign investment. These non-commercial risks for which MIGA provides guarantees include expropriation, currency inconvertibility and transfer restrictions, and war civil disturbances. MIGA’s guarantee coverage requires investors to adhere to high social and environmental standards. MIGA also provides technical assistance to help countries disseminate information on investment opportunities. MIGA also offers investment dispute mediation on request.
      v.            The International Centre for Settlement of Investment Disputes (ICSID)
ICSID was established in 1966 and currently has 134 members. ICSID aims at encouraging foreign investment by the provision of international facilities for conciliation and arbitration of investment disputes. It thereby helps to encourage an environment of mutual confidence between states and foreign investors. Many international agreements in the area of investment refer to the arbitration facilities provided by ICSID. Recourse to ICSID reconciliation and arbitration is voluntary, although once parties have consented to arbitration under the ICSID convention; neither can unilaterally withdraw its consent. In addition, ICSID has research and publishing activities in the areas of arbitration law and foreign investment law
THE WORLD TRADE ORGANIZATION (WTO)
What is the World Trade Organization?
The World Trade Organization (WTO) is the only international body dealing with the rules of trade between nations.  At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations.  These documents provide the legal ground-rules for international commerce.  They are essentially contracts, binding governments to keep their trade policies within agreed limits.  Although negotiated and signed by governments, the goal is to help producers of goods and services, exporters and importers conduct their business.
 
Three main purposes
The system’s overriding purpose is to help trade flow as freely as possible-so long as there are no undesirable side-effects.  That partly means removing obstacles.  It also means ensuring that individuals, companies and governments know what the trade rules are around the world, and giving them the confidence that there will be no sudden changes of policy.  In other words, the rules have to be “transparent” and predictable.

Because the agreements are drafted and signed by the community of trading nations, often after considerable debate and controversy, one of the WTO’s most important functions is to serve as a forum for trade negotiations.

A third important side to the WTO’s work is dispute settlement.  Trade relations often involve conflicting interests.  Contracts and agreements, including those painstakingly negotiated in the WTO system, often need interpreting.  The most harmonious way to settle these differences is through some neutral procedure based on an agreed legal foundation. That is the purpose behind the dispute settlement process written into the WTO agreements.

Three years old, but not so young
The WTO began life on 1 January 1995, but its trading system is half a century older.  Since 1948, the General Agreement on Tariffs and Trade (GATT) had provided the rules for the system.  The second ministerial meeting, held in Geneva in May 1998, included a celebration of the 50th anniversary of the system. It did not take long for the General Agreement to give birth to an unofficial, de facto international organization, also known informally as GATT.  Over the years GATT evolved through several rounds of negotiations.The latest and largest round was the Uruguay Round which lasted from 1986 to 1994 and led to the creation of WTO’. Whereas GATT had mainly dealt with trade in goods, the WTO and its agreements now cover trade in services and in traded inventions, creations and designs (intellectual property).

Principles of the trading system
The WTO agreements are lengthy and complex because they are legal texts covering a wide range of activities.  They deal with: agriculture, textiles and clothing, banking, telecommunications, government purchases, industrial standards, food sanitation regulations, intellectual property, and much more.  But a number of simple, fundamental principles run throughout all of these documents.  These principles are the foundation of the multilateral trading system.
A closer look at these principles
Trade without discrimination
1.      Most-favoured-nation (MFN): treating other people equally.
Under the WTO Agreements, countries cannot normally discriminate between their trading partners.  Grant someone a special favour (such as a lower customs duty rate for one of their products) and you have to do the same for all other WTO members.

This principle is known as most-favoured-nation (MFN) treatment (see box).  It is so important that it is the first article of the General Agreement on Tariffs and Trade (GATT), which governs trade in goods.  MFN is also a priority in the General Agreement on Trade in Services (GATS)(Article 2) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (Article4), although in each agreement the principle is handled slightly differently.  Together, those three agreements cover all three main areas of trade handled by the WTO.

Some exceptions are allowed.  For example, countries within a region can set up a free trade agreement that does not apply to goods from outside the group.  Or a country can raise barriers against products from specific countries that are considered to be traded unfairly.  And in services, countries are allowed, in limited circumstances, to discriminate.  But the agreements only permit these exceptions under strict conditions.  In general, MFN means that every time a country lowers a trade barrier or opens up a market, it has to do so for the same goods or services from all its trading partners – whether rich or poor, weak or strong.

The Principles
The trading system should be:-
·         Without discrimination – a country should not discriminate between its trading partners (they are all, equally, granted “most-favoured-nation” or MFN status); and it should not discriminate between its own and foreign products, services or nationals (they are given “national treatment”)
·         Freer – with barriers coming down through negotiation;
·         Predictable-foreign companies, investors and governments should be confident that trade barriers (including tariffs, non-tariff barriers and other measures) should not be raised arbitrarily; more and more tariff rates and market-opening commitments are “bound” in the WTO;
·         More competitive-by discouraging “unfair” practices such as export subsidies and dumping products at below cost to gain market share;
·         More beneficial for less developed countries-by giving them more time to adjust, greater flexibility, and special privileges.

Why is it called ‘most-favoured’?
The name sounds like a contradiction.  It suggests some kind of special treatment for one particular country, but in the WTO it actually means non-discrimination-treating virtually everyone equally. What happens under the WTO is this.  Each member treats all the other members equally as “most-favoured” trading partners.  If a country improves the benefits that it gives to one trading partner, it has to give the same “best” treatment to all the other WTO members so that they all remain “most-favoured”.

Most-favoured nation (MFN) status did not always mean equal treatment.  In the 19th century, when a number of early bilateral MFN treaties were signed, being included among a country’s “most-favoured” trading partners was like being in an exclusive club because only a few countries enjoyed the privilege.  Now, when most countries are in the WTO, the MFN club is no longer exclusive.  The MFN principle ensures that each country treats its over-100 fellow-members equally.  But there are some exceptions.

2.      National treatment:  Treating foreigners and locals equally.
Imported and locally-produced goods should be treated equally-at least after the foreign goods have entered the market.  The same should apply to foreign and domestic services, and to foreign and local trademarks, copy-rights and patents.  This principle of “national treatment” (giving others the same treatment as one’s own nationals) is also found in all the three main WTO agreements (Article 3 of GATT, Article 17 of GATs and Article 3 of TRIPS), although once again the principle is handled slightly differently in each of these.
National treatment only applies once a product, service or item of intellectual property has entered the market.  Therefore, charging customs duty on an import is not a violation of national treatment even if locally-produced products are not charged an equivalent tax.

Freer trade:
Gradually, through negotiation
Lowering trade barriers is one of the most obvious means of encouraging trade.  The barriers concerned include customs duties (or tariffs) and measures such as import bans or quotas that restrict quantities selectively.  From time to time other issues such as red tape and exchange rate policies have also been discussed.

Since GATT’s creation in 1947-48 there have been eight rounds of trade negotiations.  At first these focused on lowering tariffs (customs duties) on imported goods.  As a result of the negotiations, by the late 1980s industrial countries’ tariff rates on industrial goods had fallen steadily to about 6.3%. But by the 1980s, the negotiations had expanded to cover non-tariff barriers on goods, and to the new areas such as services and intellectual property. Opening markets can be beneficial, but it also requires adjustment.  The WTO agreements allow countries to introduce changes, gradually, through “progressive liberalization”.  Developing countries are usually given longer to fulfil their obligations.

Predictability: through binding
Sometimes, promising not to raise a trade barrier can be as important as lowering one, because the promise gives businesses a clearer view of their future opportunities.  With stability and predictability, investment is encouraged, jobs are created and consumers can fully enjoy the benefits of competition – choice and lower prices.  The multilateral trading system is an attempt by governments to make the business environment stable and predictable. In the WTO, when countries agree to open their markets for goods or services, they “bind” their commitments.  For goods, these bindings amount to ceiling on customs tariff rates.  Sometimes countries tax imports at rates that are lower than the bound rates.  Frequently this is the case in developing countries.  In developed countries the rates actually charged and the bound rates tend to be the same.
A country can change its bindings, but only after negotiating with its trading partners, which could mean compensating them for loss of trade.  One of the achievements of the Uruguay Round of multilateral trade talks was to increase the amount of trade under binding commitments (see table).  In agriculture, 100% of products now have bound tariffs.  The result of all this: a substantially higher degree of market security for traders and investors.

The system tries to improve predictability and stability in other ways as well.  One way is to discourage the use of quotas and other measures used to set limits on quantities of imports – administering quotas can lead to more red-tape and accusations of unfair play.  Another is to make countries’ trade rules as clear and public (“transparent”) as possible.  Many WTO agreements require governments to disclose their policies and practices publicly within the country or by notifying the WTO.  The regular surveillance of national trade policies through the Trade Policy Review Mechanism provides a further means of encouraging transparency both domestically and at the multilateral level.

Promoting fair competition
The WTO is sometimes described as a “free trade” institution, but that is not entirely accurate.  The system does allow tariffs and, in limited circumstances, other forms of protection.  More accurately, it is a system of rules dedicated to open, fair and undistorted competition.

The rules on non-discrimination – MFN and national treatment – are designed to secure fair conditions of trade.  So too are those on dumping (exporting at below cost to gain market share) and subsidies.  The issues are complex, and the rules try to establish what is fair or unfair, and how governments can respond, in particular by charging additional import duties calculated to compensate for damage caused by unfair trade. Many of the other WTO agreements aim to support fair competition: in agriculture, intellectual property, services, for example.  The agreement on government procurement (a “plurilateral” agreement because it is signed by only a few WTO members) extends competition rules to purchases by thousands of “government” entities in many countries.  And so on.

Encouraging development and economic reform
It is widely recognized by economists and trade experts that the WTO system contributes to development.  It is also recognized that the least-developed countries need flexibility in the time they take to implement the agreements.  And the agreements themselves inherit the earlier provisions of GATT that allow for special assistance and trade concessions for developing countries.

Over three quarters of WTO members are developing countries and countries in transition to market economies.  During the seven and half years of the Uruguay Round, over 60 of these countries implemented trade liberalization programmes autonomously.  At the same time, developing countries and transition economies were much more active and influential in the Uruguay Round negotiations than in any previous round.

This trend effectively killed the notion that the trading system existed only for industrialized countries.  It also changed the previous emphasis on exempting developing countries from certain GATT provisions and agreements.At the end of the Uruguay Round, developing countries were prepared to take on most of the obligations that are required of developed countries.  But the agreements did give the transition periods to adjust to the more unfamiliar and, perhaps, difficult WTO provisions-particularly so for the poorest, “least-developed” countries.  A ministerial decision adopted at the end of the round gives least developed countries extra flexibility in implementing WTO agreements.  It says better-off countries should accelerate implementing market access commitments on goods exported by the least-developed countries, and it seeks increased technical assistance for them.

The case for open trade
The economic case for an open trading system based upon multilaterally agreed rules is simple enough and rests largely on commercial common sense.  But it is also supported by evidence: the experience of world trade and economic growth since the Second World War.  Tariffs on industrial products have fallen steeply and will average less than 4% in industrial countries by 1 January 1999.  During the first decades after the war, world economic growth averaged about 5% per year, a high rate that was partly the result of lower trade barriers.  World trade grew even faster, averaging about 8% during the period.

The data show a definite statistical link between freer trade and economic growth.  Economic theory points to strong reasons for the link.  All countries, including the poorest, have assets – human, industrial, natural, financial – which they can employ to produce goods and services for their domestic markets or to compete overseas.  Economics tells us that we can benefit when these goods and services are traded.

Simply put, the principle of “comparative advantage” says that countries prosper first by taking advantage of their assets in order to concentrate on what they can produce best, and then by trading these products for products that other countries produce best.Firms do exactly that quite naturally on the domestic market. But what about the international market? Most firms recognize that the bigger the market the greater their potential – they can expand until they are at their most efficient size, and they can have access to large numbers of customers.

In other words, liberal trade policies – policies that allow the unrestricted flow of goods and services – multiply the rewards that result from producing the best products, with the best design, at the best price.But success in trade is not static.  The ability to compete well in particular products can shift from company to company when the market changes or new technologies make cheaper and better products possible.  Experience shows that competitiveness can also shift between whole countries.  A country that may have enjoyed an advantage because of lower labour costs or because it had good supplies of some natural resources, could also become uncompetitive in some goods or services as its economy develops.  However, with the stimulus of an open economy, the country can move on to become competitive in some other goods or services.  This is normally a gradual process.

When the trading system is allowed to operate without the constraints of protectionism, firms are encouraged to adapt gradually and in a relatively painless way.  They can focus on new products, find a new “niche” in their current area or expand into new areas. The alternative is protection against competition from imports, and perpetual government subsidies.  That leads to bloated, inefficient companies supplying consumers with outdated, unattractive products.  Ultimately, factories close and jobs are lost despite the protection and subsidies.  If other governments around the world pursue the same policies, markets contract and world economic activity is reduced.  One of the objectives of the WTO is to prevent such a self-defeating and destructive drift into protectionism.

NB:   The directors-general of GATT and WTO:
·         Sir Eric Wyndham White (UK) 1948-68
·         Olivier Long (Switzerland) 1968-80
·         Aurthur Dunkel (Switzeeland) 1980-93
·         Peter Sutherland (Ireland) GATT 1993-94; WTO 1995
·         Renato Ruggiero (Italy) 1995.

Although the ITO Charter was finally agreed at a UN Conference on Trade and Employment in Havana in March 1948, ratification in some national legislatures proved impossible.  The most serious opposition was in the US Congress, even though the US government had been one of the driving forces.  In 1950, the United States’ government announced that it would not seek Congressional ratification of the Havana Charter, and the ITO was effectively dead.  Even though it was provisional, the GATT remained the only multilateral instrument governing international trade from 1948 until the WTO was established in 1995.

For almost half a century, the GATT’s basic legal text remained much as it was in 1948.  There were additions in the form of “plurilateral” agreements (i.e. with voluntary membership), and efforts to reduce tariffs further continued.  Much of this was achieved through a series of multilateral negotiations known as “trade rounds” – the biggest leaps forward in international trade liberalization have come through these rounds which were held under GATT’s auspices.

In the early years, the GATT trade rounds concentrated on further reducing tariffs.  Then, the Kennedy Round in the mid-sixties brought about a GATT Anti-Dumping Agreement.  The Tokyo Round during the seventies was the first major attempt to tackle trade barriers that do not take the form of tariffs, and to improve the system.  The eighth, the Uruguay Round of 1986-94, was the latest and most extensive of all.  It led to the WTO and a new set of agreements.

The Tokyo Round:
A first to reform the system
The Tokyo Round lasted from 1973 to 1979, with 102 countries participating.  It continued GATT’s efforts to progressively reduce tariffs.  The results included an average one-third cut in customs duties in the world’s nine major industrial markets, bringing the average tariff on industrial products down to 4.7%.  The tariff reductions phased in over a period of eight years, involved an element of “harmonization”- the higher the tariff, the larger the cut, proportionally.

In other issues, the Tokyo Round had mixed results.  It failed to come to grips with the fundamental problems affecting farm trade and also stopped short of providing a new agreement on “safeguards” (emergency import measures).  Nevertheless, a series of agreements on non-tariff barriers did emerge from the negotiations, in some cases interpreting existing GATT rules, in others breaking entirely new ground.  In most cases, only a relatively small number of (mainly industrialized) GATT members subscribed to these agreements and arrangements.  Because they were not accepted by the full GATT membership, they were often informally called “codes”.

They were not multilateral, but they were a beginning.  Several codes were eventually amended in the Uruguay Round and turned into multilateral commitments accepted by all WTO members.  Only four remained “plurilateral” – those of government procurement, bovine meat, civil aircraft and dairy products.  In 1997 WTO members agreed to terminate the bovine meat and dairy agreements from the end of the year.

NB:  The Tokyo Round ‘codes’
·         Subsidies and countervailing measures – interpreting Articles 6, 16 and 23 of GATT
·         Technical barriers to trade – some-times called the Standards Code
·         Import licensing procedures
·         Government procurement
·         Customs valuation – interpreting Article 7
·         Anti-dumping – interpreting Article 6, replacing the Kennedy Round code
·         Bovine Meat Arrangement
·         International Dairy Arrangement
·         Trade in Civil Aircraft.

Did GATT succeed?
GATT was provisional with a limited field of action, but its success over 47 years in promoting and securing the liberalization of much of world trade is incontestable.  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.  And 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 each other and to reap the benefits of trade. 

The rush of new members during the Uruguay Round demonstrated that the multilateral trading system was recognized as an anchor for development and an instrument of economic and trade reform.  But as time passed new problems arose.  The Tokyo Round was an attempt to tackle some of these but its achievements were limited.  This was a sign of difficult times to come.
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 1980s 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 Multi-fibre Arrangement.  Even GATT’s institutional structure and its dispute settlement system were giving cause for 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.

Trade rounds: progress by package
They are often lengthy – the Uruguay Round took seven and a half years – but trade rounds can have an advantage.  They offer a package approach to trade negotiations that can sometimes be more fruitful than negotiations on a single issue.
·         The size of the package can mean more benefits because participants can seek and secure advantages across a wide range of issues.
·         In a package, the ability to trade-off different issues can make agreement easier to reach because somewhere in the package there is something for everyone.  This has political as well as economic implications.  Concessions (perhaps in one sector) which are necessary but would otherwise be difficult to defend in domestic political terms can be made more easily in the context of a package because the package also contains politically and economically attractive benefits (in other sectors). As a result, reform in politically-sensitive sectors of world trade can be more feasible in the context of a global package-reform of agricultural trade was a good example in the Uruguay Round.
·         Developing countries and other less powerful participants have a greater chance of influencing the multilateral system in trade round than in bilateral relationships with major trading nations.But the wide range of issues that a trade round covers can be both a strength and a weakness, leading to a debate on the effectiveness of multi-sector rounds versus single-sector negotiations.  Recent history is ambiguous.  At some stages, the Uruguay Round seemed so cumbersome that agreement in every subject by all participating countries appeared impossible.  Then the round did end successfully in 1993-94, and this was followed by two years of failure to reach any major agreement in separate, single-sector talks on maritime transport, basic telecommunications and financial services.

Did this mean that trade rounds were the only route to success?  No. In 1997, single-sector talks were concluded successfully in basic telecommunications, information technology equipment and financial services.  The debate continues.  Whatever the answer, the reasons are not straightforward; perhaps success depends on using the right type of negotiation for the particular time and context.

1.      WTO and GATT:
Are they the same?
No. They are different – the WTO is GATT plus a lot more.
Two GATTs
It is probably best to be clear from the start that the General Agreement on Tariffs and Trade (GATT) involved two sets agreements: (1) an international agreement, i.e. a document setting out the rules for conducting international trade, and (2) an international organization created later to support the agreement. The text of the agreement could be compared to law, the organization was like parliament and the courts combined in a single body.

As its history shows, the attempt to create a fully fledged international trade agency in the 1940s failed.  But GATT’s drafters agreed that they wanted to use the new rules and disciplines, if only provisionally.  Then government officials needed to meet to discuss issues related to the agreement, and to hold trade negotiations.  These needed secretarial support, leading to the creation of an ad hoc organization- that continued to exist for almost half a century.

GATT, the international agency, no longer exists.  It has now been replaced by the World Trade Organization. GATT, the agreement, does still exist, but it is no longer the main set of rules for international trade.  And it has been updated. What happened? When GATT was created after the Second World War, international commerce was dominated by trade in goods.  Since then, trade in services – transport, travel, banking, insurance, telecommunications, transport, consultancy and so on – has become much more important.  So has trade in ideas – inventions and designs, and goods and services incorporating this “intellectual property”.

The General Agreement on Tariffs and Trade always dealt with trade in goods, and it still does.  It has been amended and incorporated into the new WTO agreements.  The updated GATT lives alongside the new General Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).  The WTO brings the three together within a single organization, a single set of rules and a single system for resolving disputes.
In short, the WTO is not a simple extension of GATT.  It is much more.

So, the GATT is dead, long live the GATT!
While GATT no longer exists as an international organization, the GATT agreement lives on.  The old text is now called “GATT 1947.  The updated version is called “GATT 1994”.

Moreover, GATT’s key principles have been adopted by the agreements on services and intellectual property.  These include non-discrimination, transparency and predictability.  As the more mature WTO developed out of GATT, you could say that the child is the father of the man.

The main differences
·         GATT was ad hoc and provisional.  The General Agreement was never ratified in members’ parliaments, and it contained no provisions for the creation of an organization.
The WTO and its agreements are permanent.  As an international organization, the WTO has a sound legal basis because members have ratified the WTO agreements, and the agreements themselves describe how the WTO is to function.
·         The WTO has “members”.  GATT had “contracting parties”, underscoring the fact that officially GATT was a legal text.
·         GATT dealt with trade in goods.  The WTO covers services and intellectual property as well.
·         The WTO dispute settlement system is faster, more automatic than the old GATT system.  Its rulings cannot be blocked.

The world is complex.  This booklet highlights some of the benefits of the WTO’s “multilateral” trading system, but it doesn’t claim that everything is perfect---otherwise there would be no need for further negotiations and for the rules to be revised.
No claims that everyone agrees with everything in the WTO.  That’s one of the most important reasons for having the system: it’s a forum for countries to thrash out their differences on trade issues.

No comments:

Post a Comment