Professional Documents
Culture Documents
Lecture 3
Post 2nd World War Period: Multilateralism
• The pre-war days – tariff wars, money printing and competitive
devaluations
• Lessons learnt:
• Need for stable exchange rate system, with no possibility of arbitrary
devaluation
• Check on the tariff policy of the countries
• Check on indiscriminate use of fiscal and monetary policies
• Need for International Body to ensure mutual recognition of standards
• Responses:
• 44 countries meet at Bretton Woods
• Need to stabilize Deficit Countries
• Organize smooth functioning of World Trade and Payment System
• Emergence of International Monetary Fund (International Payments,
Trade and BOP Equilibrium), World Bank (Long-Term Capital for
Reconstruction and Growth) and the General Agreement on Tariff and
Trade (Tariff and other Policy Reform to promote Trade)
Number of Member countries in 1995 was 128, currently there are 164
members.
Around 23 countries are observers: Iran, Iraq, Ethiopia, Algeria, Sudan,
Uzbekistan, Bhutan, Somalia etc.
But how rewarding is WTO-induced market access reform?? Does non-
membership hurt?
WTO Members and Observers
Non-MFN Tariff 65 90 90 90
US-Canada FTA 0 0 0 0
US-Israel FTA 0 0 0 0
US-Mexico FTA 0 0 0 0
US-Jordan FTA 0 0 0 0
US-Singapore FTA 0 0 0 0
US-Chile FTA 0 0 0 0
US-Australia FTA 0 0 0 0
AGOA Countries 0 0 0 0
Exports from Brazil and India continue to receive 6, 8, 15 and 16 percent tariff in
these cases.
Progress of WTO Negotiations in Ministerial
No. Place Year Outcome
4 Doha 2001 A new round was launched after initial battle and the concerns for
developing countries were addressed
6 Hong Kong 2005 Some Progress in Agriculture, NAMA and Services; promise for
negotiation on Rules
10 Nairobi 2015 Food security and subsidy, Preferential ROOs for LDCs, Cotton
• Health-related labelling
• Processing requirements
• Quarantine measures
• Product criteria
• Certification Intends to Protection from
• Inspection Protect
• Testing Human or Risks arising from:
Animal • Additives
Health • Contaminants
• toxins or
• disease organisms in food, drink, feedstuff
Human life Plant or animal carried diseases
Animal or • Pests
plant life • Diseases
• disease-causing organisms
A country Other damage caused by:
• entry
• establishment or 11
• spread of pests
Harmonization: Article 3
Standard-setting organizations
Other Frameworks:
• UN Convention of Biodiversity (CBD)
12
• Cartagena Protocol on Live Modified Organisms
Codex Standards: Complications
Product / Pesticide US EU Codex India Philippines
Rice, grain – Bentazon 0.05 0.1 0.1 0.1 0.1
Grape – Fenhexamid 4 5 15 15 15
Tomato - Paraquat 0.05 0.02 0.05 0.05 0.05
dichloride
13
https://www.globalmrl.com/db#query
Principles of the WTO Technical Barriers to Trade
• Regulations and certification procedures shall not create
unnecessary obstacles
17
Growing Need for Private Certifications
Regional
SAFTA Upto 40% of the FOB value of the finished goods for India and Pakistan,
35% for Sri Lanka, 30% for LDCs with CTH
APTA Not less than 45% of the FOB value of the finished goods for developing
country members, 35% for LDCs
ASEAN 35% value addition criteria and CTH (4-digit level)
Bilateral
Afghanistan Not less than 50% of the FOB value of the finished goods and CTH
Comprehensive Agreements
Singapore 40% value addition criteria and CTH (4-digit level) and product specific rules
for some 380 products
Japan 35% value addition criteria and CTH (6-digit level)
South Korea 35% value addition criteria and CTH (6-digit level)
22
Source: WTO Trade Policy Review on India
5. A Synthetic view of Modes of Services Supply
Services delivered by
provider based in one country
to consumer in another (IT-
enabled services)
Services provided by an
operator based abroad to
consumers of that country
(US banks based in India
providing banking services
to Indian consumers)
Services provided by
nationals of one country by
traveling to and working in
another country (Indian
software professionals
working in US offices)
1.BUSINESS
SERVICES
A. Professional (1) None (1) None
services (2) None (2) None
B. (b) Accounting (3) None (3) None
(4) Unbound except as indicated (4) Unbound except
in the horizontal section as indicated under
market access
Modes of supply: (1) Cross-border supply, (2) Consumption abroad, (3) Commercial presence, (4) Movement of natural persons
Case: Market Needs test for Independent
Professionals (MCS) - EU
• The natural person must possess:
Significance of
die-hard
protectionism 29
Case: India as Importer
• Case I - Anti-dumping investigation concerning imports of 1-Phenyl-3-
Methyl-5-Pyrazolone from China PR
• Import of the subject goods from China PR constitutes almost 98% of
total imports to India
• Domestic industry showed that Sinochem Tianjin and Anhui Bayi
Chemicals Group co. Ltd. are under state control – so NME clause
applicable.
• No response was received from any exporter on the normal value of
the subject goods from China PR.
• Constructed normal value was therefore considered.
• The dumping margin was found to be 37.46 %.
• While the domestic demand of the product has increased by 66%
compared to the base year, the sales of the domestic industry has
declined by 23%.
• While market share of dumped imports increased from 6.68% in the
base year to 56.69% , the same for domestic industry declined from
93% in the base year to 43%.
• Final duty US $ 1.218 / KG
36
8. Intellectual property Rights
• IPRs refer to the right to control and derive the benefits from
intellectual effort (e.g. writing, inventions, processes and
identifiers)
1. Copyright and related rights (no less than 50 years from the making of
the work, fair use photocopying)
2. Patents (20 years from the filing date, except morality; human, animal,
or plant life or health etc.)
3. Trademarks (Sign, Combination of Sign, letters, Colour etc. - initial
registration and subsequent renewals should be for no less than 7
years)
4. Geographical indications (only from a particular territory)
5. Industrial designs (at least 10 years)
6. Layout-designs of integrated circuits (Not less than 10 years from the
date of filing)
7. Undisclosed information, including trade secrets (protected unless it
is necessary to protect public by withdrawing it)
• The new ads were funded by a Canadian named Jesse Willms, who
allegedly operated infringing websites including
DazzleSmilePro.com and DazzleSmilePure.com – both of which have
since been removed.
https://dipp.gov.in/
whats-new/draft-
national-e-
commerce-policy-
stakeholder-
comments
Days to come ..
• Trade and Investment Issues
• Competition Policy
• Government Procurement