Need For Wto Agreement As A Single Platform For Carrying Out Trade

Topic: Need for WTO agreement as a single platform for carrying out trade & commerce to lead much better world.

Group-3 Members: Roll No 21 23 25 27 29 31 33 35 37 39

Name Kapadia Tejal Anil Khedkar Rohit Modh Gourav Patel Arun Kumar Pawar Machhindranath Praveen Kumar Sagar Rahul Sayed Jafar Srivastava Vikas Kumar Talakwar Manoj

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Table of Contents: A WORLD TRADE ORGANISAION 1. History of WTO & GATT 2. Structure of WTO 3. Objective & functions of WTO. 4. Benefits of WTO 5. Misunderstandings of WTO 6. Accession, Membership & Voting 7. Dispute settlement 8. Ministerial conferences 9.

Agreements

10. Criticism

BDUMPING AND ANTI DUMPING 1. Introduction 2. What is Dumping 3. Anti-Dumping 4. WTO on Dumping and Anti-dumping 5. A Case Study C SANITARY AND PHYTOSANITORY MEASURES 1. Introduction 2. Key Features D TRADE NEGOTIATIONS ON AGRICULTURE 1. Indian Agriculture 2. Negotiations on WTO Agreement on Agriculture E REFERANCES World Trade Organization

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A: WORLD TRADE ORGANISAION 1. History of WTO & GATT Harry Dexter White (l) and John Maynard Keynes at the Bretton Woods Conference – Both economists had been strong advocates of a liberal international trade environment, and recommended the establishment of three institutions: the IMF (fiscal and monetary issues), the World Bank (financial and structural issues), and the ITO (international economic cooperation). The WTO's predecessor, the General Agreement on Tariffs and Trade (GATT), was established after World War II in the wake of other new multilateral institutions dedicated to international economic cooperation - notably the Bretton Woods institutions known as the World Bank and the International Monetary Fund. A comparable international institution for trade, named the International Trade Organization was successfully negotiated. The ITO was to be a United Nations specialized agency and would address not only trade barriers but other issues indirectly related to trade, including employment, investment, restrictive business practices, and commodity agreements. But the ITO treaty was not approved by the United States and a few other signatories and never went into effect.In the absence of an international organization for trade, the GATT would over the years "transform itself" into a de facto international organization.

GATT rounds of negotiations Seven rounds of negotiations occurred under the GATT. The first GATT trade rounds concentrated on further reducing tariffs. Then, the Kennedy Round in the mid-sixties brought about a GATT anti-dumping Agreement and a section on development. 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, adopting a series of agreements on non-

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tariff barriers, which in some cases interpreted existing GATT rules, and in others broke entirely new ground. Well before GATT's 40th anniversary, its members concluded that the GATT system was straining to adapt to a new globalizing world economy. In response to the problems identified in the 1982 Ministerial Declaration (structural deficiencies, spill-over impacts of certain countries' policies on world trade GATT could not manage etc.), the eighth GATT round — known as the Uruguay Round — was launched in September 1986, in Punta del Este, Uruguay. It was the biggest negotiating mandate on trade ever agreed: the talks were going to extend the trading system into several new areas, notably trade in services and intellectual property, and to reform trade in the sensitive sectors of agriculture and textiles; all the original GATT articles were up for review.The Final Act concluding the Uruguay Round and officially establishing the WTO regime was signed during the April 1994 ministerial meeting at Marrakesh, Morroco, and hence is known as the Marrakesh Agreement.

2. Structure of WTO The WTO has nearly 150 members, accounting for over 97% of world trade. Around 30 others are negotiating members. Decisions are made by the entire membership. This is typically by consensus. A majority vote is also possible but it has never been used in the WTO, and was extremely rare under the WTO’s predecessor, GATT. The WTO’s agreements have been ratified in all members’ parliaments. Ministerial Conference The WTO’s top-level decision-making body is the Ministerial Conference, which meets at least once every two years. The Ministerial Conference carry out the functions of the WTO and take actions necessary to this effect. The Ministerial Conference shall have the authority to take decisions on all matters under any of the Multilateral Trade Agreements, if so requested by a Member, in accordance with the specific requirements for decisionmaking in this Agreement and in the relevant Multilateral Trade Agreement. World Trade Organization

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General Council Below this is the General Council (normally ambassadors and heads of delegation in Geneva, but sometimes officials sent from members’ capitals), which meets several times a year in the Geneva headquarters. The General Council also meets as the Trade Policy Review Body and the Dispute Settlement Body. The General Council shall also carry out the functions assigned to it by this Agreement. The General Council shall establish its rules of procedure and approve the rules of procedure for the Committees . At the next level, the Goods Council, Services Council and Intellectual Property (TRIPS) Council report to the General Council.Numerous specialized committees, working groups and working parties deal with the individual agreements and other areas such as the environment, development, membership applications and regional trade agreements like for example: Dispute Settlement Body (DSU), Councils for Trade in Goods, Trade in Services etc.

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Reporting to General Council (or a subsidiary) Reporting to Dispute Settlement Body Plurilateral committees inform the General Council or Goods Council of their activities, although these agreements are not signed by all WTO members Trade Negotiations Committee reports to General Council Other committees The General council has several different committees, working groups, and working parties. Committees on 

Trade and Environment



Trade and Development (Subcommittee on Least-Developed Countries)



Regional Trade Agreements



Balance of Payments Restrictions



Budget, Finance and Administration



Working parties on Accession



Working groups on Trade, debt and finance , Trade and technology transfer



Trade Negotiations Committee The Trade Negotiations Committee (TNC) is the committee that deals with the current trade talks round. The chair is WTO’s director-general. The committee is currently tasked with the Doha Development Round.

The negotiations mandated by the Doha Declaration take place in the Trade Negotiations Committee and its subsidiaries. This now includes the negotiations on agriculture and services begun in early 2000. The TNC operates under the authority of the General Council.

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3.

Objective & functions of WTO.

The World Trade Organization deals with regulation of trade between participating countries; it provides a framework for negotiating and formalising trade agreements, and a dispute resolution process aimed at enforcing participants' adherence to WTO agreements which are signed by representatives of member governments and ratified by their parliaments.

WTO-Principles  Trade Without Discrimination o No Most Favored Nation (MFN) Treatment - no special deals to

trading

partners, all members of WTO must be treated the same o No National Special Treatment - locals and foreigners are treated equally  Free Trade  Predictability through Binding - promising not to raise tariffs is called binding a tariff and binding leads to greater certainty for businesses  Promoting Fair Competition  Encouraging Development and Economic Reform

WTO Functions  Administering WTO trade agreements

The WTO shall facilitate the implementation, administration and operation, and further the objectives, of this Agreement and of the Multilateral Trade Agreements, and shall also provide the framework for the implementation, administration and operation of the Bilateral Trade Agreements.  Forum for trade negotiations The WTO shall provide the forum for negotiations among its Members concerning their multilateral trade relations in matters dealt with under the agreements in the World Trade Organization

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Annexes to this Agreement. The WTO may also provide a forum for further negotiations among its Members concerning their multilateral trade relations, and a framework for the implementation of the results of such negotiations, as may be decided by the Ministerial Conference.  Handling trade disputes

The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes (hereinafter referred to as the "Dispute Settlement Understanding" or "DSU") in Annex 2 to this Agreement.  Monitoring national trade policies

The WTO shall administer the Trade Policy Review Mechanism (hereinafter referred to as the "TPRM") provided for in Annex 3 to this Agreement.  Technical assistance and training for developing countries  Cooperation with other international organizations

With a view to achieving greater coherence in global economic policy-making, the WTO shall cooperate, as appropriate, with the International Monetary Fund and with the International Bank for Reconstruction and Development and its affiliated agencies.

4. Benefits of WTO 

The system helps promote peace: This sound like an exaggerated claim, and it would be wrong to make too much of it. Nevertheless, the system does contribute to international peace, and if we understand why, we have a clearer picture of what the system actually does.

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

Disputes are handled constructively: - As trade expands in volume, in the number of products traded, and in the numbers of countries and companies trading, there is a greater chance that disputes will arise. The WTO system helps resolve these disputes peacefully and constructively.



Rules make life easier for all: - The WTO cannot claim to make all countries equal. But it does reduce some inequalities, giving smaller countries more voice, and at the same time freeing the major powers from the complexity of having to negotiate trade agreements with each of their numerous trading partners.



Freer trade cuts the costs of living: - We are all consumers. The prices we pay for our food and clothing, our necessities and luxuries, and everything else in between, are affected by trade policies.



It provides more choice of products and qualities: - Think of all the things we can now have because we can import them: fruits and vegetables out of season, foods, clothing and other products that used to be considered exotic, cut flowers from any part of the world, all sorts of household goods, books, music, movies, and so on.



Trade raises incomes: - Lowering trade barriers allows trade to increase, which adds to incomes — national incomes and personal incomes. But some adjustment is necessary.



Trade stimulates economic growth: - Trade clearly has the potential to create jobs. In practice there is often factual evidence that lower trade barriers have been good for employment. But the picture is complicated by a number of factors. Nevertheless, the alternative — protectionism — is not the way to tackle employment problems



The basic principles make life more efficient: - Many of the benefits of the trading system are more difficult to summarize in numbers, but they are still

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important. They are the result of essential principles at the heart of the system, and they make life simpler for the enterprises directly involved in trade and for the producers of goods and services. 

Governments are shielded from lobbying: - The GATT-WTO system which evolved in the second half of the 20th Century helps governments take a more balanced view of trade policy. Governments are better placed to defend themselves against lobbying from narrow interest groups by focusing on trade-offs that are made in the interests of everyone in the economy.



The system encourages good government- Under WTO rules, once a commitment has been made to liberalize a sector of trade, it is difficult to reverse. The rules also discourage a range of unwise policies. For businesses, that means greater certainty and clarity about trading conditions. For governments it can often mean good discipline. The World Trade Organization is the most powerful legislative and judicial body in

the world. By promoting the "free trade" agenda of multinational corporations above the interests of local communities, working families, and the environment, the WTO has systematically undermined democracy around the world. In the ten years of its existence, WTO panels composed of corporate attorneys have ruled that: the US law protecting sea turtles was a barrier to "free trade"; that US clean air standards and laws protecting dolphins are too; that the European Union law banning hormone-treated beef is illegal. According to the WTO, our democratically elected public officials no longer have the rights to protect the environment and public health. Unlike United Nations treaties, the International Labor Organization conventions, or multilateral environmental agreements, WTO rules can be enforced through sanctions. This gives the WTO more power than any other international body. The WTO's authority even eclipses national governments.

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5. Misunderstandings of WTO  The WTO dictates policy: The WTO does not tell governments how to conduct their trade policies. Rather, it’s a “member-driven” organization.  The WTO is for free trade at any cost: - It’s really a question of what countries are willing to bargain with each other, of give and take, request and offer.  Commercial interests take priority over development …- The WTO agreements are full of provisions taking the interests of development into account. Sustainable development is a principal objective.  In the WTO, commercial interests do NOT take priority over environmental protection: - Many provisions take environmental concerns specifically into account  The WTO does NOT dictate to governments on issues such as food safety, and human health and safety. Again commercial interests do NOT override :- The agreements were negotiated by WTO member governments, and therefore the agreements reflect their concerns.  The WTO destroys jobs, worsens poverty:-.The accusation is inaccurate and simplistic. Trade can be a powerful force for creating jobs and reducing poverty. Often it does just that. Sometimes adjustments are necessary to deal with job losses, and here the picture is complicated. In any case, the alternative of protectionism is not the solution. Take a closer look at the details.  Small countries are powerless in the WTO: - Small countries would be weaker without the WTO. The WTO increases their bargaining power.  The WTO is the tool of powerful lobbies: - The WTO system offers governments a means to reduce the influence of narrow vested interests.  Weaker countries are forced to join the WTO: - Most countries do feel that it’s better to be in the WTO system than to be outside it. That’s why the list of countries negotiating membership includes both large and small trading nations

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 The WTO is undemocratic: - Decisions in the WTO are generally by consensus. In principle, that’s even more democratic than majority rule because no decision is taken until everyone agrees. 6.

Accession, Membership & Voting

The process of becoming a WTO member is unique to each applicant country, and the terms of accession are dependent upon the country's stage of economic development and current trade regime. The process takes about five years, on average, but it can last more if the country is less than fully committed to the process or if political issues interfere. As is typical of WTO procedures, an offer of accession is only given once consensus is reached among interested parties. Accession process Any state or customs territory having full autonomy in the conduct of its trade policies may join (“accede to”) the WTO, but WTO members must agree on the terms. Broadly speaking the application goes through four stages: First, “tell us about yourself”. The government applying for membership has to describe all aspects of its trade and economic policies that have a bearing on WTO agreements. This is submitted to the WTO in a memorandum, which is examined by the working party dealing with the country’s application. These working parties are open to all WTO members. Second, “work out with us individually what you have to offer”. When the working party has made sufficient progress on principles and policies, parallel bilateral talks begin between the prospective new member and individual countries. They are bilateral because different countries have different trading interests. These talks cover tariff rates and specific market access commitments, and other policies in goods and services. The new member’s commitments are to apply equally to all WTO members under normal nondiscrimination rules, even though they are negotiated bilaterally. In other words, the talks determine the benefits (in the form of export opportunities and guarantees) other WTO World Trade Organization

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members can expect when the new member joins. (The talks can be highly complicated. It has been said that in some cases the negotiations are almost as large as an entire round of multilateral trade negotiations.) Third, “let’s draft membership terms”. Once the working party has completed its examination of the applicant’s trade regime, and the parallel bilateral market access negotiations are complete, the working party finalizes the terms of accession. These appear in a report, a draft membership treaty (“protocol of accession”) and lists (“schedules”) of the member-to-be’s commitments. Finally, “the decision”. The final package, consisting of the report, protocol and lists of commitments, is presented to the WTO General Council or the Ministerial Conference. If a two-thirds majority of WTO members vote in favour, the applicant is free to sign the protocol and to accede to the organization. In many cases, the country’s own parliament or legislature has to ratify the agreement before membership is complete. Members and observers The WTO has 153 members (almost all of the 123 nations participating in the Uruguay Round signed on at its foundation, and the rest had to get membership). The 27 states of the European Union are represented also as the European Communities. WTO members do not have to be full sovereign nation-members. Instead, they must be a customs territory with full autonomy in the conduct of their external commercial relations. Thus Hong Kong (as "Hong Kong, China" since 1997) became a GATT contracting party, and the Republic of China (ROC) (commonly known as Taiwan, whose sovereignty has been disputed by the People's Republic of China) acceded to the WTO in 2002 under the name of "Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu" (Chinese Taipei). A number of non-members (30) are observers at WTO proceedings and are currently negotiating their membership. As observers, Iran, Iraq and Russia are not yet members. With the exception of the Holy See, observers must start accession negotiations within five years of becoming observers. Some international intergovernmental organizations are also granted observer

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status to WTO bodies. 14 states and 2 territories so far have no official interaction with the WTO. Voting system The WTO operates on a one country, one vote system, but actual votes have never been taken. Decision making is generally by consensus, and relative market size is the primary source of bargaining power. The advantage of consensus decision-making is that it encourages efforts to find the most widely acceptable decision. Main disadvantages include large time requirements and many rounds of negotiation to develop a consensus decision, and the tendency for final agreements to use ambiguous language on contentious points that makes future interpretation of treaties difficult. In reality, WTO negotiations proceed not by consensus of all members, but by a process of informal negotiations between small groups of countries. Such negotiations are often called "Green Room" negotiations (after the colour of the WTO Director-General's Office in Geneva), or "Mini-Ministerials", when they occur in other countries. These processes have been regularly criticised by many of the WTO's developing country members which are often totally excluded from the negotiations. Richard Steinberg (2002) argues that although the WTO's consensus governance model provides law-based initial bargaining, trading rounds close through power-based bargaining favouring Europe and the United States, and may not lead to Pareto improvement.

7. Dispute settlement In 1994, the WTO members agreed on the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) annexed to the "Final Act" signed in Marrakesh in 1994. Dispute settlement is regarded by the WTO as the central pillar of the multilateral trading system, and as a "unique contribution to the stability of the global economy".WTO members have agreed that, if they believe fellow-members are violating

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trade rules, they will use the multilateral system of settling disputes instead of taking action unilaterally. The operation of the WTO dispute settlement process involves the DSB panels, the Appellate Body, the WTO Secretariat, arbitrators, independent experts and several specialized institutions.

8. Ministerial conferences  First ministerial conference The inaugural ministerial conference was held in Singapore in 1996. Disagreements between largely developed and developing economies emerged during this conference over four issues initiated by this conference, which led to them being collectively referred to as the "Singapore issues".  Second ministerial conference WTO Ministerial Conference of 1998 was held in Geneva in Switzerland.  Third ministerial conference WTO Ministerial Conference of 1999.The third conference in Seattle, Washington ended in failure, with massive demonstrations and police and National Guard crowd control efforts drawing worldwide attention.  Fourth ministerial conference WTO Ministerial Conference of 2001 was held in Doha In Persian Gulf nation of Qatar. The Doha Development Round was launched at the conference. The conference also approved the joining of China, which became the 143rd member to join.  Fifth ministerial conference

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WTO Ministerial Conference of 2003.The ministerial conference was held in Cancún, Mexico, aiming at forging agreement on the Doha round. An alliance of 22 southern staes, the G20 developing nations (led by India, China and Brazil), resisted demands from the North for agreements on the so-called "Singapore issues" and called for an end to agricultural subsidies within the EU and the US. The talks broke down without progress.  Sixth ministerial conference WTO Ministerial Conference of 2005.The sixth WTO ministerial conference was held in Hong Kong from 13 December – 18 December 2005. It was considered vital if the four-year-old Doha Development Agenda negotiations were to move forward sufficiently to conclude the round in 2006. In this meeting, countries agreed to phase out all their agricultural export subsidies by the end of 2013, and terminate any cotton export subsidies by the end of 2006. Further concessions to developing countries included an agreement to introduce duty free, tariff free access for goods from the Least Developed Countries, following the Everything But Arms initiative of the European Union — but with up to 3% of tariff lines exempted. Other major issues were left for further negotiation to be completed by the end of 2010  Seventh ministerial conference The WTO General Council, on 26 May 2009, agreed to hold a seventh WTO ministerial conference session in Geneva from 30 November–December 2009. A statement by chairman Amb. Mario Matus acknowledged that the prime purpose was to remedy a breach of protocol requiring two-yearly "regular" meetings, which had lapsed with the Doha Round failure in 2005, and that the "scaled-down" meeting would not be a negotiating session, but "emphasis will be on transparency and open discussion rather than on small group processes and informal negotiating structures".

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DOHA round. The Doha Development Round started in 2001 and continues today.The WTO launched the current round of negotiations, the Doha Development Agenda (DDA) or Doha Round, at the fourth ministerial conference in Doha, Qatar in November 2001. The Doha round was to be an ambitious effort to make globalization more inclusive and help the world's poor, particularly by slashing barriers and subsidies in farming. The initial agenda comprised both further trade liberalization and new rule-making, underpinned by commitments to strengthen substantial assistance to developing countries. The negotiations have been highly contentious and agreement has not been reached, despite the intense negotiations at several ministerial conferences and at other sessions. Disagreements still continue over several key areas including agriculture subsidies. S&D in Doha Ministerial Declaration “We agree that special and differential (S & D) treatment for developing countries shall be an integral part of all elements of the negotiations and shall be embodied in the Schedules of concessions and commitments and as appropriate in the rules and disciplines to be negotiated, so as to be operationally effective and to enable developing countries to effectively take account of their development needs, including food security and rural development”.

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Summary of various rounds Name

Geneva

Annecy

Torquay

Geneva II

Dillon Kennedy Tokyo

Start April 1947 April 1949 September 1950 January 1956 September 1960 May 1964 September 1973

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Time

Country

Subjects covered

7

23

Tariffs

5

13

Tariffs

8

38

Tariffs

5

26

Tariffs, admission of Japan

$2.5 billion in tariff reductions

11

26

Tariffs

Tariff concessions worth $4.9 billion of world trade

37

62

Tariffs, Anti-dumping

Tariff concessions worth $40 billion of world trade

74

102

Month

Achievements Signing of GATT, 45,000 tariff concessions affecting $10 billion of trade Countries exchanged some 5,000 tariff concessions Countries exchanged some 8,700 tariff concessions, cutting the 1948 tariff levels by 25%

Tariffs, non-tariff measures, "framework" agreements

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Tariff reductions worth more than $300 billion dollars achieved

The round led to the creation of WTO, and extended Tariffs, non-tariff measures, the range of trade negotiations, leading to major

Uruguay

September 1986

rules, 87

123

services,

intellectual reductions in tariffs (about 40%) and agricultural

property, dispute settlement, subsidies, an agreement to allow full access for textiles textiles, agriculture, creation of and clothing from developing countries, and an extension of intellectual property rights.

WTO, etc

Tariffs, non-tariff measures,

Doha

November 2001

agriculture, labor standards, ?

141

environment,

competition,

investment,

transparency,

patents etc

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The round is not yet concluded.

9.Agreements The WTO agreements cover goods, services and intellectual property. They spell out the principles of liberalization, and the permitted exceptions. They include individual countries’ commitments to lower customs tariffs and other trade barriers, and to open and keep open services markets. They set procedures for settling disputes. They prescribe special treatment for developing countries. They require governments to make their trade policies transparent by notifying the WTO about laws in force and measures adopted, and through regular reports by the secretariat on countries’ trade policies. These agreements are often called the WTO’s trade rules, and the WTO is often described as “rules-based”, a system based on rules. But it’s important to remember that the rules are actually agreements that governments negotiated. The WTO oversees about 60 different agreements which have the status of international legal texts. Member countries must sign and ratify all WTO agreements on accession. A list of WTO agreements can be found here[56] A discussion of some of the most important agreements follows. Agreement on Agriculture (AoA) The Agreement on Agriculture came into effect with the establishment of the WTO at the beginning of 1995. The AoA has three central concepts, or "pillars": domestic support, market access and export subsidies. General Agreement on Trade in Services (GATS) The General Agreement on Trade in Services was created to extend the multilateral trading system to service sector, in the same way the General Agreement on Tariffs and Trade (GATT) provides such a system for merchandise trade. The Agreement entered into force in January 1995 Trade-Related Aspects of Intellectual Property Rights Agreement(TRIPs)

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The Agreement on Trade-Related Aspects of Intellectual Property Rights sets down minimum standards for many forms of intellectual property (IP) regulation. It was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. Sanitary and Phyto-Sanitary (SPS) Agreement The Agreement on the Application of Sanitary and Phytosanitary Measures - also known as the SPS Agreement was negotiated during the Uruguay Round of the General Agreement Tariffs and Trade, and entered into force with the establishment of the WTO at the beginning of 1995. Under the SPS agreement, the WTO sets constraints on members' policies relating to food safety (bacterial contaminants, pesticides, inspection and labelling) as well as animal and plant health (imported pests and diseases). Agreement on Technical Barriers to Trade (TBT) The Agreement on Technical Barriers to Trade is an international treaty of the World Trade Organization. It was negotiated during the Uruguay Round of the General Agreement on Tariffs and Trade, and entered into force with the establishment of the WTO at the end of 1994. The object ensures that technical negotiations and standards, as well as testing and certification procedures, do not create unnecessary obstacles to trade".

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In a nutshell The basic structure of the WTO agreements: how the six main areas fit together — the umbrella WTO Agreement, goods, services, intellectual property, disputes and trade policy reviews. Umbrella

AGREEMENT ESTABLISHING WTO Goods

Services

Intellectual property

Basic principles

GATT

GATS

TRIPS

Additional details

Other

goods Services annexes

agreements

and

annexes Market

access Countries’ schedules Countries’ schedules

commitments

of commitments

of commitments (and MFN exemptions)

Dispute settlement

DISPUTE SETTLEMENT

Transparency

TRADE POLICY REVIEWS

10.Criticism Protestors clashing with Hong Kong police in Wan Chai (area of waterfront) during the WTO ministerial conference of 2005.The stated aim of the WTO is to promote free trade and stimulate economic growth. Critics argue that free trade leads to a divergence instead of convergence of income levels within rich and poor countries (the rich get richer and the poor get poorer). Martin Khor, Director of the Third World Network, argues that the WTO does not manage the global economy impartially, but in its operation has a systematic bias toward rich countries and multinational corporations, harming smaller countries which have less negotiation power. He argues that developing countries have not benefited from the WTO agreements of the Uruguay Round because, among other reasons, market access World Trade Organization Page 22 of 41

in industry has not improved; these countries have had no gains yet from the phasing-out of textile quotas; non-tariff barriers such as anti-dumping measures have increased; and domestic support and export subsidies for agricultural products in the rich countries remain high. Jagdish Bhagwati asserts, however, that there is greater tariff protection on manufacturers in the poor countries, which are also overtaking the rich nations in the number of anti-dumping filings. Other critics claim that the issues of labor relations and environment are steadfastly ignored. Steve Charnovitz, former director of the Global Environment and Trade Study (GETS), believes that the WTO "should begin to address the link between trade and labor and environmental concerns." Further, labor unions condemn the labor rights record of developing countries, arguing that, to the extent the WTO succeeds at promoting globalization, the environment and labor rights suffer in equal measure. On the other side, Khor responds that "if environment and labor were to enter the WTO system [...] it would be conceptually difficult to argue why other social and cultural issues should also not enter." Bhagwati is also critical towards "rich-country lobbies seeking on imposing their unrelated agendas on trade agreements." Therefore, both Bhagwati and Arvind Panagariya of Columbia University, have criticized the introduction of TRIPs into the WTO framework, fearing that such non-trade agendas might overwhelm the organization's function. Other critics have characterized the decision making in the WTO as complicated, ineffective, unrepresentative and non-inclusive, and they have proposed the establishment of a small, informal steering committee (a "consultative board") that can be delegated responsibility for developing consensus on trade issues among the member countries.[66] The Third World Network has called the WTO "the most non-transparent of international organisations", because "the vast majority of developing countries have very little real say in the WTO system"; the Network stresses that "civil society groups and institutions must be given genuine opportunities to express their views and to influence the outcome of policies and decisions." Certain non-governmental organizations, such as the World Federalist Movement, argue that democratic participation in the WTO could be enhanced

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through the creation of a parliamentary assembly, although other analysts have characterized this proposal as ineffective. Some libertarians and small-government conservatives, eg, Ron Paul as well as think tanks such as the Ludwig von Mises Institute, oppose the World Trade Organization, seeing it as a bureaucratic and anti-capitalistic organization not promoting free trade, but political interventionism. For example, Ron Paul says free trade agreements don't have to be 20,000 pages. The chairman of the Ludwig von Mises Institute, Llewellyn H Rockwell Jr, argued that . . . the World Trade Organization says that the US must stop permitting US exporters to set up foreign subsidiaries that save as much as 30 percent in taxes they would otherwise pay. Now the US must either raise taxes by eliminating loopholes or face massive new sanctions that will seriously harm our export sector. [...] There's been a lot of talk recently about foreigners who hate our prosperity and civilization, and seek ways to inflict violence in retaliation. Well, here's another case in point, except these are not swarthy Islamic terrorists; they are diplomats and statesmen on nobody's list of suspicious characters.

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B:Dumping and Anti dumping 1. Introduction: Dumping and Anti-dumping are the pricing policies in International Trade. Each of the stake holder makes its policies for its own trading benefits. Here we will discuss what are the dumping and anti-dumping? What are the advantages and disadvantages of dumping and anti-dumping and in the last we will discuss a case related to Anti-dumping. The case has been taken from National Tariff Commission (NTC), Government of Pakistan.

2. What is Dumping:It is defined as to send in large quantities for sail abroad at very low price goods which are unwanted in the home country.If a company exports a product at a price lower than the price it normally charges on its own home market, it is called “dumping” the product. Or if a company sails any product or service in a foreign country at cheaper rates than the local markes of that country. A Standard Technical Definition:A standard technical definition of dumping is the act of charging a lower price for a good in a foreign market than one charges for the same good in a domestic market. This is often referred to as selling at less than "fair value." An Example of Dumping:Suppose Service Shoes Pakistan sails a a pair of shoes at 1000 Rupees, and the impoted chinese pair of shoes having the same quality are sold in just 300 Rupees in Pakistani markets. In that case the local companies and manufactures has to put its produced items on a rubbish heap. This is dumping and very dangerous of local industry. World Trade Organization

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3. Anti-Dumping:Typically anti-dumping action means charging extra import duty on the particular product from the particular exporting country in order to bring its price closer to the “normal value” or to remove the injury to domestic industry in the importing country. There are many different ways of calculating whether a particular product is being dumped heavily or only lightly. Many governments take action against dumping in order to defend their domestic industries. Anti-Dumping duty is imposed by the state departments and officials to save and protect the local industry.

4. WTO on Dumping and Anti-dumping:Under the WTO Agreement, dumping is condemned (but is not prohibited) if it causes or threatens to cause material injury to a domestic industry in the importing country. The WTO agreement does not pass judgment. Its focus is on how governments can or cannot react to dumping—it disciplines anti-dumping actions, and it is often called the “Anti-Dumping Agreement”. This focus only on the reaction to dumping contrasts with the approach of the Subsidies and Countervailing Measures Agreement. Under the WTO Agreement, dumping is condemned (but is not prohibited) if it causes or threatens to cause material injury to a domestic industry in the importing country. GATT (Article VI) allows countries to take action against dumping. Advantages and Harms of Dumping:When dumping is defined as the act of a manufacturer in one country exporting a product to another country at a price which is either below the price it charges in its home market or is below its costs of production. The term has a negative connotation, but World Trade Organization

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advocates of Free Markets and Free Trade claim that "dumping" is beneficial for consumers, customersand and the end users. They say that dumping creats an open environment for trading.

Advocates for workers, laborers, small scale manufacturers and the nationalists believe that safeguarding businesses against dumping, help alleviate some of the harsher consequences of free trade between poor and the rich, between developed and the developing countries. They think that dumping is harmful for the local industry and workers.Dumping can harm the domestic industry by reducing its sales volume and market shares, as well as its sales prices. This in turn can result in decline in profitability, job losses and, in the worst case, in the domestic industry going out of business.

Remedies and penalties:In Pakistan domestic firms can file an antidumping petition under the regulations determined by the National Tariff Commission and Ministry of Trade and Commerce which determine "less than fair value" and "injury". The Department of Commerce has regularly found that products have been sold at less than fair value in Pakistani markets. If the domestic industry is able to establish that it is being injured by the dumping, then antidumping duties are imposed by the Government of Pakistan on goods imported from the dumpers' country at a percentage rate calculated to counteract the dumping margin.

5. A Case Study:The National Tariff Commission (NTC) imposed provisional anti-dumping duties on February 10 2007 equal to the amount of provisional dumping margin established) on dumped imports of polyester staple fiber (PSF) exported from Indonesia, Korea, and Thailand to Pakistan for a period of 4 months, from February 9, 2007. According to a statement of NTC issued here on Friday, for preliminary determination and levy of provisional antidumping duty on imports of polyester staple fiber into Pakistan originating, in and/or exported from Indonesia, Korea and Thailand, the National Tariff Commission (the 'Commission') initiated an investigation on August 9, 2006 on dumping World Trade Organization

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of polyester staple fiber, not exceeding 2 denier (PSF) into Pakistan by the exporters from Indonesia, Korea, and Thailand (the Exporting Countries). This investigation had been initiated in response to an application filed with the Commission by Dewan Salman Fibres Limited, Islamabad; Ibrahim Fibres Limited, Lahore; and ICl Pakistan Limited, Lahore (hereinafter collectively referred to as the 'Applicants') on behalf of domestic industry manufacturing PSE under the Pakistan AntiDumping Duties Ordinance, 2000 (the 'Ordinance'). In the application filed by Pakistan's domestic industry the applicant identified 12 exporters/producers from exporting countries involved in dumping of PSF. As required by the law, the Commission, after the initiation of investigation, sent Questionnaires to all known exporters/producers and Pakistani importers of the investigated product, seeking information within the statutory time period of 37 days. The officers of the Commission subsequently carried out on-the-spot investigations at the premises of the domestic industry at Islamabad, Lahore and Faisalabad, and at the premises of exporters/producers from exporting countries to verify the information provided. The Commission examined and analyzed the information received from all interested parties to the investigation. Based on its examination and analysis, the Commission made a preliminary determination that PSF not exceeding 2 denier, classified under Pakistan Customs Tariff Code 5503.2010 (PCT heading in Pakistan is equivalent to Harmonized Commodity Description and Coding System under Brussels nomenclature up to six digits level) is being exported to Pakistan, at dumped prices (being a price less than the normal value of the product, i e, the price at which it is sold in 'exporting countries' in the ordinary course of trade) by exporters/producers from exporting countries. Consequent upon its preliminary determination of dumping, injury and causal link, the Commission has imposed provisional antidumping duties (equal to the amount of provisional dumping margin established) on dumped imports of PSF for a period of 4 months with effect from February 9, which, is given in the below table: PSF used in woven and knit applications to produce textile and apparel products. The Ordinance lays down that the Commission shall make the final determination not later World Trade Organization

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than 6 months from the date of publication of notice of preliminary determination. If the final determination is affirmative (domestic price of like product in the exporting country is higher than its export price and injury to the domestic industry is also found to exist and a causal link between dumping and injury is affirmed), then the Ordinance stipulates that the Commission shall impose final antidumping duty on the dumped imports equivalent to the dumping margin, for a period of up to five years. The law also requires that a notice of preliminary as well as final determination be published in the official gazette and in one leading Urdu and one leading English newspaper. Such notice contains, besides the name of exporter and description of investigated product, the amount of dumping margin found to exist and the basis for such determination and the factors that have led to determination of injury. These are the requirements of Antidumping Duties Ordinance 2000 as well as WTO Agreement on Implementation of Article VI of. GATT 1994,to which Pakistan is a signatory. It may be added that the Ordinance provides for an appeal process, i.e., if any of the interested party is not satisfied with the Commission's final determination and decision of imposition on definitive antidumping duty, it may approach the Appellate Tribunal. A retired Supreme Court Judge heads this Tribunal, set up under the Ordinance. Alternatively, or simultaneously, any affected exporting government may, in case of positive final determination, approach the WTO Dispute Settlement Body (DSB) in Geneva and may lodge a complaint against the importing country's decisions. The DSB may then set up a panel to adjudicate. This is the 74th investigation conducted under the Pakistan's Antidumping Duties Ordinance, 2000, where the Commission has imposed provisional antidumping duty. The previous cases involved exporters of various products from South Africa, Indonesia, France, Taiwan, South Korea, Iran, Uzbekistan, Thailand, India, Germany, Finland, and China. Thus far, there has been no appeal against any of the Commission's determinations. The Antidumping Duties Ordinance, 2000, was promulgated in December 2000 to give effect in Pakistan to WTO Agreement on Antidumping. It is pertinent to note that Pakistan is a founding member of GATT 1947, the predecessor of WTO, and also one of the original 123 members of WTO. World Trade Organization

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=============================================================== Indonesia

P.T Indorama Synthetics Tbk. 0.00percent P.T Polysindo Eka Perkasa

3.36percent

All others -------------------------------------------------------------------------------Korea

Huvis Corporation All others

Thailand

2.09percent 2.09percent

Thai Polyester Co Ltd

4.35percent

Kangwal Polyester Co Ltd All others

8.33percent

8.33percent

Provisional antidumping duty has not been imposed on PT Indorama Synthetics Tbk, Indonesia, as its damping margin was found to be de-minus (less than 2 percent of export price).

The total imports of PSF into Pakistan during the last three years were as follows:

=============================================================== Year/ Period

Imports form Imports from non- Total Imports dumped sources dumped sources

-------------------------------------------------------------------------------2003-04

2044.80

2429.15

4473.95

2004-05

2768.75

1771.38

4540.13

2005-06

46683.88

783.19

47467.07

=============================================================== The installed production capacity of the applicants is 578,600 MT per annum.

The actual production figures of the applicants and its capacity utilisation during the POI have been as follows:

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=============================================================== Year/Period

Quantity

Capacity

Produced

Utilisation

-------------------------------------------------------------------------------2003-04

528064.47

91.27percent

2004-05

457651.76

79.10percent

2005-06

415574.87

71.82percent

Explanation: -Polyester Staple Fiber (PSF) is a kind of polyester. The NTC imposed AntiDumping duty on this material if imported to Pakistan on the application of Dewan Salman Fibres Limited, Islamabad; Ibrahim Fibres Limited, Lahore; and ICl Pakistan Limited, Lahore. In the decision by the National tariff Commission, Government of Pakistan Antidumping duty imposed on PSF import. It was necessary to save local industry and local manufacturers. Indonesia, Korea and Thailand were exporting Polyester Staple Fiber (PSF) to Pakistan at a low price than the price of local companies. NTC took an action on the request of three local companies, which are Dewan Salman Fibres Limited, Islamabad; Ibrahim Fibres Limited, Lahore; and ICl Pakistan Limited, Lahore. Conclusion:

(1) Pakistan is a third world’s poor country. They re the initial stage of development. There industry is not much Technological sophisticated & to save local industry, should impose Anti-dumping duty on imported items so that the local industry can flourish.

(2) More and more foreign investment should be invited and welcomed in Pakistan to develop economy and to manufacture things locally instead of importing everything from abroad.

(3) The Government should facilitate investors and minimize the taxation on industrial machinery and industrial inputs, so that the cost of production can be minimized and rate of production may be increased. World Trade Organization

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C:. Sanitary and Phytosanitory measures 1.Introduction For the purposes of the SPS Agreement, sanitary and phytosanitary measures are defined as any measures applied: 

To protect human or animal life from risks arising from additives, contaminants, toxins or disease-causing organisms in their food;



To protect human life from plant- or animal-carried diseases;



To protect animal or plant life from pests, diseases, or disease-causing organisms;



To prevent or limit other damage to a country from the entry, establishment or spread of pests.

These include sanitary and phytosanitary measures taken to protect the health of fish and wild fauna, as well as of forests and wild flora. Measures for environmental protection (other than as defined above), to protect consumer interests, or for the welfare of animals are not covered by the SPS Agreement. These concerns, however, are addressed by other WTO agreements (i.e., the TBT Agreement or Article XX of GATT 1994). The Agreement on the Application of Sanitary and Phytosanitary Measures sets out the basic rules for food safety and animal and plant health standards. It allows countries to set their own standards. But it also says regulations must be based on science. They should be applied only to the extent necessary to protect human, animal or plant life or health. And they should not arbitrarily or unjustifiably discriminate between countries where identical or similar conditions prevail. Member countries are encouraged to use international standards, guidelines and recommendations where they exist. However, members may use measures, which result in higher standards if there is scientific justification. They can also set higher standards based on appropriate assessment of risks so long as the approach is consistent, not arbitrary.

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The agreement still allows countries to use different standards and different methods of inspecting products. 2.Key Features All countries maintain measures to ensure that food is safe for consumers, and to prevent the spread of pests or diseases among animals and plants. These sanitary and phytosanitary measures can take many forms, such as requiring products to come from a disease-free area, inspection of products, specific treatment or processing of products, setting of allowable maximum levels of pesticide residues or permitted use of only certain additives in food. Sanitary (human and animal health) and phytosanitary (plant health) measures apply to domestically produced food or local animal and plant diseases, as well as to products coming from other countries. Protection or protectionism? Sanitary and phytosanitary measures, by their very nature, may result in restrictions on trade. All governments accept the fact that some trade restrictions may be necessary to ensure food safety and animal and plant health protection. However, governments are sometimes pressured to go beyond what is needed for health protection and to use sanitary and phytosanitary restrictions to shield domestic producers from economic competition. Such pressure is likely to increase as other trade barriers are reduced as a result of the Uruguay Round agreements. A sanitary or phytosanitary restriction which is not actually required for health reasons can be a very effective protectionist device, and because of its technical complexity, a particularly deceptive and difficult barrier to challenge. The Agreement on Sanitary and Phytosanitary Measures (SPS) builds on previous GATT rules to restrict the use of unjustified sanitary and phytosanitary measures for the purpose of trade protection. The basic aim of the SPS Agreement is to maintain the sovereign right of any government to provide the level of health protection it deems appropriate, but to ensure that these sovereign rights are not misused for protectionist purposes and do not result in unnecessary barriers to international trade.

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Justification of measures The SPS Agreement, while permitting governments to maintain appropriate sanitary and phytosanitary protection, reduces possible arbitrariness of decisions and encourages consistent decision-making. It requires that sanitary and phytosanitary measures be applied for no other purpose than that of ensuring food safety and animal and plant health. In particular, the agreement clarifies which factors should be taken into account in the assessment of the risk involved. Measures to ensure food safety and to protect the health of animals and plants should be based as far as possible on the analysis and assessment of objective and accurate scientific data. International standards The SPS Agreement encourages governments to establish national SPS measures consistent with international standards, guidelines and recommendations. This process is often referred to as "harmonization". The WTO itself does not and will not develop such standards. However, most of the WTO’s member governments (132 at the date of drafting) participate in the development of these standards in other international bodies. The standards are developed by leading scientists in the field and governmental experts on health protection and are subject to international scrutiny and review. International standards are often higher than the national requirements of many countries, including developed countries, but the SPS Agreement explicitly permits governments to choose not to use the international standards. However, if the national requirement results in a greater restriction of trade, a country may be asked to provide scientific justification, demonstrating that the relevant international standard would not result in the level of health protection the country considered appropriate. Adapting to conditions Due to differences in climate, existing pests or diseases, or food safety conditions, it is not always appropriate to impose the same sanitary and phytosanitary requirements on food, World Trade Organization

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animal or plant products coming from different countries. Therefore, sanitary and phytosanitary measures sometimes vary, depending on the country of origin of the food, animal or plant product concerned. This is taken into account in the SPS Agreement. Governments should also recognize disease-free areas, which may not correspond to political boundaries, and appropriately adapt their requirements to products from these areas. The agreement, however, checks unjustified discrimination in the use of sanitary and phytosanitary measures, whether in favour of domestic producers or among foreign suppliers. Alternative measures An acceptable level of risk can often be achieved in alternative ways. Among the alternatives — and on the assumption that they are technically and economically feasible and provide the same level of food safety or animal and plant health — governments should select those, which are not more trade restrictive than required to meet their health objective. Furthermore, if another country can show that the measures it applies provide the same level of health protection, these should be accepted as equivalent. This helps ensure that protection is maintained while providing the greatest quantity and variety of safe foodstuffs for consumers, the best availability of safe inputs for producers, and healthy economic competition. Risk Assessment The SPS Agreement increases the transparency of sanitary and phytosanitary measures. Countries must establish SPS measures on the basis of an appropriate assessment of the actual risks involved, and, if requested, make known what factors they took into consideration, the assessment procedures they used and the level of risk they determined to be acceptable. Although many governments already use risk assessment in their management of food safety and animal and plant health, the SPS Agreement encourages the wider use of systematic risk assessment among all WTO member governments and for all relevant products.

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Transparency Governments are required to notify other countries of any new or changed sanitary and phytosanitary requirements which affect trade, and to set up offices (called "Enquiry Points") to respond to requests for more information on new or existing measures. They also must open to scrutiny how they apply their food safety and animal and plant health regulations. The systematic communication of information and exchange of experiences among the WTO’s member governments provides a better basis for national standards. Such increased transparency also protects the interests of consumers, as well as of trading partners, from hidden protectionism through unnecessary technical requirements. A special Committee has been established within the WTO as a forum for the exchange of information among member governments on all aspects related to the implementation of the SPS Agreement. The SPS Committee reviews compliance with the agreement, discusses matters with potential trade impacts, and maintains close co-operation with the appropriate technical organizations. In a trade dispute regarding a sanitary or phytosanitary measure, the normal WTO dispute settlement procedures are used, and advice from appropriate scientific experts can be sought.

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D: Trade Negotiations On Agriculture 1. Indian Agriculture Indian Agriculture has made rapid strides & facts since independence  From food shortages and import to self-sufficiency and exports.  From subsistence farming to intensive and technology led cultivation.  Today, India is the front ranking producer of many crops in the world.  Ushered in through the green, white, blue and yellow revolutions  Contributes to 24% of GDP  Provides food to 1Billion people  Sustains 65% of the population: helps alleviate poverty  Produces 51 major Crops  Provides Raw Material to Industries  Contributes to 1/6th of the export earnings SWOT Analysis: Indian Agriculture Scenario STRENGTHS

WEAKNESS

Rich Bio-diversity

Fragmentation of land

Arable land

Low Technology Inputs

Climate

Unsustainable Water Management

Strong and well dispersed research

Poor Infrastructure

and extension system

OPPORTUNITIES

Low value addition

THREATS

Bridgeable yield crops

Unsustainable Resource Use

Exports

Unsustainable Regional Development

Agro-based Industry

Imports

Horticulture Untapped potential in the N.E

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National Agriculture Policy

This was the First Ever National Agriculture Policy announced in July 2000. The Policy seeks to overcome these constraints and achieve  A Growth rate in excess of 4 percent per annum in the agriculture sector.  Growth that is based on efficient use of resources, and conserves our soil, water , and bio diversity.  Growth with equity, i.e. growth that is widespread across regions, and different classes of farmers.  Growth that is demand driven and stabilizes domestic markets and maximizes benefits from exports in the face of Global Challenges.  Growth that is sustainable, technologically, environmentally, and economically.

The Policy has indicated a nine-fold package  Development of Sustainable agriculture  Food and Nutritional security  Generation and Transfer of Technology  Improvement of input efficiency  Provision of incentives for agriculture  Promotion of Investments in agriculture  Strengthening of institutional infrastructure  Better risk management  Introduction of Management Reforms

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2.Negotiations on WTO Agreement on Agriculture  Negotiations were prompted by surpluses in post-war period and consequent disarray in world agriculture.  It included not only import access but also domestic policies, export subsidies, sanitary and phytosanitary measures.  AOA and Agreement of Application on Sanitary and Phytosanitary Measures were negotiated in parallel  Decision on measures concerning the possible negative effects of the reform programme o least developed and net food importing developing countries also a part of the package  Mandated Negotiations under Article 20 of AOA for continuation of the reform process o Negotiations to commence one year before the end of the implementation period i.e. in January 2000, taking into account:  Experience in implementing reduction commitments  Effect on world trade in Agriculture  Non Trade concerns, S&D treatment  Further Liberalization

Priorities / Recommendations in Negotiations for Food Security & Development Concerns  Strengthen mechanisms to deal with genuine food security concerns of developing countries through a “food security box”  Developed country members should not be allowed to use SPS measures for protectionist purposes by prescribing overly stringent trade restrictive SPS measure for denying market access to developing countries  All measures taken by developing countries for poverty alleviation from rural development, rural employment and diversification of agriculture should be exempted from any reduction commitments World Trade Organization

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 India, Pakistan, Sri Lanka, ASEAN etc highlight significance of role of agriculture in their economies and seek to preserve domestic policy flexibility to guard food security concerns  Net Food Importing Countries (Single Crop economies) like Egypt, Mauritius, etc favor gradual and phased reduction in export subsidies

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Reference 1. General Information on Recruitment in the World Trade Organization, World Trade Organization 2. "WTO Secretariat budget for 2008". World Trade Organization. http://www.wto.org/english/thewto_e/secre_e/budget08_e.htm. Retrieved on 200808-25. 3. Overview of the WTO Secretariat All WTO staff are based in Geneva. 4. Understanding the WTO - what is the World Trade Organization?, World Trade Organization 5. "World Trade Organization". Encyclopaedia Britannica. 6. European Commission The Doha Round 7. Members and Observers WTO official site 8. Fergusson, Ian F. (9 May 2007). "The World Trade Organization: Background and Issues" (PDF). Congressional Research Service. 2. http://www.nationalaglawcenter.org/assets/crs/98-928.pdf. Retrieved on 2008-0815. 9. A.E. Eckes Jr., US Trade History, 73 10. A. Smithies, Reflections on the Work of Keynes, 578-601 11. N. Warren, Internet and Globalization, 193 12. P. van den Bossche, The Law and Policy of the World Trade Organization, 80 13. Palmeter-Mavroidis, Dispute Settlement, 2 14. The GATT Years: from Havana to Marrakesh, World Trade Organization 15. M.E. Footer, Analysis of the World Trade Organization, 17 16. B.S. Klapper, With a "Short Window" 17. Lula, Time to Get Serious about Agricultural Subsidies 18. P. Gallagher, The First Ten Years of the WTO, 4 19. The Uruguay Round, World Trade Organization http://www.wto.org/english/docs_e/legal_e/04-wto_e.htm

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