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    Chapter-1

    INTRODUCTION

    1.1Defination Of WTO1.2Summary1.3 Evolution1.4 Objective & Achievements

    1.1 Definition of 'World Trade Organization - WTO'An international organization dealing with the global rules of trade between

    nations. Its main function is to ensure that trade flows as smoothly, predictably,

    and freely as possible.

    At its simplest:-

    A global organization dealing with rules of trade between nations.

    1.2 The Summary -The World Trade Organization

    The WTO was born in 1995 and the Secretariats is located in Geneva. Its an

    organization for liberalizing trade, in which for governments to negotiate

    trade agreements, settle trade disputes and establish a system of trade rules.

    The purpose: To do with trade negotiations and the enforcement of

    negotiated multilateral trade rules.

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    WTO-Rounds

    - In 1930: Sevaral countries participated in negotiations to create an

    International Trade Organization, because they wanted to boost after the

    Second World War.

    - In 1948: The General Agreement on Tariffs and Trade (GATT) was born

    - In 1960: A new rules on the development is created.

    - In 1970: A Plurilateral agreement is created.

    - In 1986: In the Uruguay Round brought about the biggest reform of the

    worlds trading system since GATT. This led to the creation of the WTO.

    - In 1996: Some countries were openly calling for a new round early in the

    next century.

    - In 2001: Incorporated into the Doha Development Agenda.

    1.3 Evolution of the WTO

    GATT AND ITS ROLE: -

    The general agreement on tariffs and trade (GATT), the predecessor of WTO,

    was born in 1948 as result of the international desire to liberalize trade. The

    Bretton woods conference of 1944, which has recommended the IMF and

    World Bank had also recommended international trade organization (ITO), thatlater on (in 1948) became GATT.

    OBJECTIVES OF GATT:-

    Raising standard of living. Ensuring full employment and a large and steadily

    growing volume of real income and effective demand. Developing full use of

    resource of the world. Expansion of production and international trade.

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    The GATT was transformed into a world trade organization (WTO) with effect

    from January, 1995. Thus after about five decades, the original proposal of an

    international trade organization took shape as the WTO, which is more power

    full body than GATT, has an enlarged role than the GATT. India is one of the

    founder members of GATT and the WTO.

    Predecessor of the WTOThe GATT 47

    The General Agreement on Tariffs and Trade (GATT) 1947 -the first major

    effort to establish international rules governing trade in goods. Though initially

    conceived as a provisional legal instrument, it endured for almost 50 years.

    It functioned without a formal organizational framework to oversee its

    implementation as the proposed International Trade Organization (ITO) never

    came into being and the ITO Charter (aka the Havana Charter) of which GATT

    was only to be a part, never came into effect.

    GATTs primary focus was the reciprocal reduction of tariffs which later

    expanded to other trade related areas. In the years leading up to the Uruguay

    Round, GATT expanded its competence through several rounds of trade

    negotiations which witnessed the formulation of complex legal instruments on

    specific aspects of trade, particularly disciplines on the use of non tariff barriers.

    THE URUGUAY ROUND:-

    THE URUGUAY ROUND Uruguay round is the name by which the eighth

    round of the multilateral trade negotiations (MTNs) held under the auspices of

    the GATT is popularly known because it was launched in Punta del eate in

    Uruguay , a developing country, in September 1986 .

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    The first six rounds of MTNs concentrated almost exclusively on reducing

    tariffs; while the seventh round moved on to tackle non tariffs barriers

    The UR sought to broaden the scope of MTNs far wider by including new area

    such as: Trade in services Trade related aspects of intellectual property (TRIPs)

    Trade related investment measure (TRIMs)

    TRIMS:-

    TRIMS Trade related investment measures (TRIMs) refers to certain conditions

    or restrictions imposed by a government in respect of foreign investment in the

    country. Trims were widely employed by developing countries.

    The agreement on TRIMs provides that no contracting party shall apply any

    TRIMs which are inconsistent with WTO articles. An illustrative list identifies

    the following TRIMs as inconsistent. Local content requirement. Trade

    balancing requirement. Trade and foreign exchange balancing requirements

    Domestic sales requirements

    TRIPS:-

    TRIPS One of the most controversial outcomes of the UR is the agreement on

    trade related aspects of intellectual property rights including trade in counterfeit

    goods (TRIPs).TRIPs along with TRIMs and services were called the new

    issues negotiated in the Uruguay round .

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    GATT V/S WTO

    For several decades, the General Agreement on Tariffs and Trade was applied

    on a provisional basis. It was a multilateral agreement containing rules relatingto trade in goods, and although it operated like a permanent agreement, it was

    without a permanent institutional framework, and was serviced by an ad hoc

    Secretariat. The WTO now provides a permanent institutional framework for the

    multilateral trading system, with its own Secretariat. In addition, the WTO not

    only covers trade in goods, as the GATT rules did, but also trade in services and

    trade-related aspects of intellectual property rights. Also, the dispute settlement

    mechanism has been considerably strengthened in the WTO.

    3.1 Nature

    The GATT was a set of rules, with no institutional foundation, applied on a

    provisional basis. The WTO is a permanent institution with a permanent

    framework and its own secretariat.

    3.2 Scope

    The GATT rules applied to trade in goods. The WTO Agreement covers trade in

    goods, trade in services and trade-related aspects of intellectual property rights.

    3.3 Approach

    Whilst the GATT was a multilateral instrument, a series of new agreements

    were adopted during the Tokyo Round on a plurilateral-that is, selective-basis,

    causing a fragmentation of the multilateral trading system. The WTO has been

    adopted, and accepted by its Members, as a single undertaking: the agreements

    which constitute the WTO are all multilateral, and therefore involve

    commitments for the entire membership of the organization.

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    3.4 Dispute settlement

    The WTO dispute settlement system has specific time limits and is therefore

    faster than the GATT system; it operates more automatically, thus ensuring less

    blockages than in the old GATT; and it has a permanent appellate body to

    review findings by dispute settlement panels. There are also more detailed rules

    on the process of the implementation of findings.

    1.4 Objective and Achievements of WTO

    The main overall motto of WTO is to promote and ensure the international trade

    in the member countries with the mantra of LIBERELISATION,

    PRIVATISATION AND GLOBALISATION. Beside this the WTO has

    following some key objectives Trade without discrimination To set and enforce

    rules for international trade, To provide forum for negotiating and monitoring

    the international trade

    i. To resolve trade disputes.ii. To increase the transparency of decision-making processes.

    iii. To cooperate with other major international economic institutionsinvolved in global economic management.

    iv. To help developing countries benefit fully from the global trading system.

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    Chapter-2

    WORKING OF WTO

    2.1 Function2.2 Principle Of Trading System2.3Organisation Structure of the WTO2.4 WTO: Benefits For Business

    2.1 WTOs functionsi. Administers the WTO Agreements and facilitates their operation and

    implementation.

    ii. Provides a forum for trade negotiations among member states on matterscovered by the Agreements and for further liberalisation of trade amongst

    members.

    iii. Responsible for the settlement of differences and disputes betweenmembers.

    iv. Responsible for periodic reviews of the trade policies of membersAlso provides technical assistance and training for developing countries.

    2.2 Principle Of Trading System

    The WTO establishes a framework for trade policies; it does not define or

    specify outcomes. That is, it is concerned with setting the rules of the trade

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    policy games. Five principles are of particular importance in understanding both

    the pre-1994 GATT and the WTO:

    i. Non-discrimination- It has two major components: the most favorednation (MFN) rule, and the national treatmentpolicy. Both are embedded

    in the main WTO rules on goods, services, and intellectual property, but

    their precise scope and nature differ across these areas. The MFN rule

    requires that a WTO member must apply the same conditions on all trade

    with other WTO members, i.e. a WTO member has to grant the most

    favorable conditions under which it allows trade in a certain product type

    to all other WTO members Grant someone a special favors and you have

    to do the same for all other WTO members. National treatment means

    that imported goods should be treated no less favorably than domestically

    produced goods (at least after the foreign goods have entered the market)

    and was introduced to tackle non-tariff barriers to trade (e.g. technical

    standards, security standards et al. discriminating against imported

    goods).

    ii. Reciprocity- It reflects both a desire to limit the scope offree-riding thatmay arise because of the MFN rule, and a desire to obtain better access to

    foreign markets. A related point is that for a nation to negotiate, it is

    necessary that the gain from doing so be greater than the gain available

    from unilateral liberalization; reciprocal concessions intend to ensure that

    such gains will materialize.

    iii. Binding and enforceable commitments-The tariff commitments madeby WTO members in a multilateral trade negotiation and on accession are

    enumerated in a schedule (list) of concessions. These schedules establish

    "ceiling bindings": a country can change its bindings, but only after

    negotiating with its trading partners, which could mean compensating

    http://en.wikipedia.org/wiki/Most_favoured_nationhttp://en.wikipedia.org/wiki/Most_favoured_nationhttp://en.wikipedia.org/wiki/National_treatmenthttp://en.wikipedia.org/wiki/Non-tariff_barriers_to_tradehttp://en.wikipedia.org/wiki/Free_rider_problemhttp://en.wikipedia.org/wiki/Unilateralismhttp://en.wikipedia.org/wiki/Unilateralismhttp://en.wikipedia.org/wiki/Free_rider_problemhttp://en.wikipedia.org/wiki/Non-tariff_barriers_to_tradehttp://en.wikipedia.org/wiki/National_treatmenthttp://en.wikipedia.org/wiki/Most_favoured_nationhttp://en.wikipedia.org/wiki/Most_favoured_nation
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    them for loss of trade. If satisfaction is not obtained, the complaining

    country may invoke the WTO dispute settlement procedures.

    iv. Transparency-The WTO members are required to publish their traderegulations, to maintain institutions allowing for the review of

    administrative decisions affecting trade, to respond to requests for

    information by other members, and to notify changes in trade policies to

    the WTO. These internal transparency requirements are supplemented

    and facilitated by periodic country-specific reports (trade policy reviews)

    through the Trade Policy Review Mechanism (TPRM). The WTO

    system tries also to improve predictability and stability, discouraging the

    use ofquotas and other measures used to set limits on quantities of

    imports

    v. Safety valves-In specific circumstances, governments are able to restricttrade. The WTO's agreements permit members to take measures to

    protect not only the environment but also public health, animal health and

    plant health.

    2.3 Organizational structure of the WTOi. Ministerial Conference- The apex body for decision making (meets

    every 2 years). Composition:-ministerial representatives.ii. General Council- performs the functions of the Conference between

    meetings and has specific duties assigned to it by the WTO agreements.

    Composition:- governmental representatives.

    iii. The General Council also meets as the Dispute Settlement Body and theTrade Policy Review Body.

    http://en.wikipedia.org/wiki/Import_quotahttp://en.wikipedia.org/wiki/Trade_restrictionhttp://en.wikipedia.org/wiki/Trade_restrictionhttp://en.wikipedia.org/wiki/Trade_restrictionhttp://en.wikipedia.org/wiki/Trade_restrictionhttp://en.wikipedia.org/wiki/Import_quota
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    iv. Councils forTrade in Goods (oversees GATT), Trade in Services(oversees GATS) and TRIPS which report to and assist the General

    Council.

    v. Committees on special subjects, Committees functioning under theCouncils and Committees for the Plurilateral Agreements.

    vi. Membership- developed, developing, least developed countries andeconomies in transition.

    vii. Decision making is by consensus. If consensus is not possible decisionswill be taken by a majority vote.

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    STRUCTURE OF WTO

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    2.4 WTO: Benefits for business

    Creation of a stable, rule based, multilateral trading regimeMarket access translates into market opportunities

    The rule based system creates certain rights of access- Security of access

    Tariff bindings and disciplines on barriers to trade whether tariff or non

    tariff. It also provides non discriminatory treatment of products and services.

    - Stability of access

    The application of uniform rules in key areas of the trading process e.g.

    customs valuation, import licenses etc.

    - Rights against unfair trade practices for

    1) Domestic industry

    2) Export industry

    3) Import industry

    Participating in the process

    Why is it important?

    Improve market access through continuous lobbying through chambers of

    commerce, trade/product/service organizations.

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    Chapter-3

    WTO and Issues Concerning India

    3.1 Issues3.2 Agreement On Agriculture3.3Annexure:-Food Security-An Important Non-Trade Concern

    3.1 IssuesBackground India one of members of General Agreement on Tariffs and Trade

    (GATT) since 1948. After Marrakesh Agreement, India joined WTO since

    inception in 1995. Aim to participate in WTO rule based system with greater

    stability, transparency and predictability in governance of international trade.

    Developing countries like India availed of greater trade opportunities and also

    challenged certain policies of developed countries (DCs) Developmental issues

    increasingly focused along with trade issues S&D treatment for developing and

    LDCs incorporated

    i. Areas of concernIn spite of special provisions for developing countries, certain imbalances and

    inequities experienced. A number of DCs not fulfilled some obligations for

    trade liberalization while developing countries asked to reduce import duties

    and provide greater market access.

    India has reduced tariffs to bring them to bound levels. Even lower for a large

    number of commodities as part of the reforms process. Now, India committed to

    reduce tariffs to bring in line with South East Asian countries by 2007. We are

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    not in a position to reduce tariffs substantially to the extent suggested by

    developed countries since Customs duties important source of revenue for

    developing countries like India. The industrial sector faces several constraints-

    some protection warranted for specific industries.

    Non-agricultural tariffs gradually reduced but agricultural tariffs require greater

    caution due to following reasons. India and other developing countries have

    argued that agriculture is way of life and employs large proportion of workforce

    while contributing significantly to GDP. Exposure to volatile international

    market would affect not only domestic prices but also incomes of poor.

    Some DCs not fully implemented the required reduction of domestic support to

    farmers, export subsidies and tariffs. WTO permits non-distortionary subsidies.

    Experience shows these can be trade distorting and DCs have steadily increased

    such subsidies leading to excessive global production. Disadvantage to

    developing countries since such subsidies unaffordable. Get less competitive in

    world market.

    Technical barriers to trade and stringent restrictions on grounds of SPS

    regulations to be relaxed to prevent protectionist measures by DCs on this plea.

    Grant of patents on non-original innovations particularly linked to traditional

    medicines issue of concern.

    Mechanism proposed for disclosure of source of origin of biological material

    used along with consent of country of origin. Dissemination of knowledge and

    also patent rights for seed diversity important for developing countries. Under

    agreement on Trade in Services, developing countries have asked for relaxing

    restrictions on movement of natural persons.

    India has advantage in movement of highly skilled and experienced

    professionals. Developing countries had wanted unbundling of Singapore issues

    comprising MAI, competition policy, trade facilitation and transparency in

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    Government procurement. Some issues of concern for developing countries

    incorporated in Doha Declaration.

    ii. Status of NegotiationsNegotiations at WTO for remaining issues and implementation of Doha

    Declaration. These issues brought forth by developing countries at Cancun but

    no consensus arrived at. Divergence of interests. No agreement on formula for

    tariff reductions for agricultural commodities as well as on Singapore issues.

    Proposed relaxations under S&D found inadequate by developing countries.

    Under Singapore issues, definition of investment and scope for investors

    obligations could not be made. Extent of competition policy and trade

    facilitation not arrived at. Formula for tariff reductions in non-agricultural

    products that would take care of tariff peaks, high tariffs and tariff escalations

    not agreed. Group could not arrive at consensus towards finalizing a declaration.

    There is continued attempt to work out a mutually acceptable solution and

    negotiations. A blended formula for tariff reductions in agriculture proposed

    by US and EC whereby a proportion of tariff lines would be subject to Uruguay

    Round formula tariff reductions and a proportion to be made duty free.

    However, G-20 not found this acceptable. Felt it would prevent proper delivery

    of Doha mandate for market access. Continued negotiations are on.

    iii. Tariff Structure in IndiaGiven importance attached to reduction of tariffs, we look at tariff structure in

    India and alternative strategy for tariff negotiations. Tariff structure in India

    highly complex in early 1990s. With initiation of reforms, substantial reduction

    in customs duty rates. Simple average duty rates declined from 128% in 1991-

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    92 to 22.4% as per interim budget for the year 2004-05. Weighted average duty

    rates declined from 72.5% to 18.2% during this period, as in table.

    While average duty rates have declined, still large number of tariff rates

    prevalent ranging from zero per cent to over 150% during 2004-05. Co-efficient

    of variation (CV) around average duty rates quite high.

    Commodity Groups in range 100% or higher in 2004-05 include coffee, tea,

    alcoholic beverages, essence and perfumes, sugar items, grapes and juices,

    motor cars, and motor cycles. In the 50-100% range, commodities are edible

    oils, wheat, rice and some other agricultural goods.

    iv. Tariff Structure and ImportsWhile undertaking tariff reductions, important to look at trade implications of

    plausible scenarios Simple econometric exercise undertaken to look at relation

    of imports and tariff structure at two digit HS level. Period taken is 1991-92 to

    2001-02. Several functional forms attempted.

    Relative share of imports to GDP as functional tariffs seen as function of tariffs

    in linear and as a double log function. (M i /G co-efficient gave elasticity of

    imports to GDP ratio. where Mi is imports in US $ million and T i is tariff rate

    in the commodity groups respectively seen at the 2 digit level. Latter function

    yielded better fit and hence chosen for further analysis. *(T i ) (M i /GDP) = a

    * (T i ) DP) = a +

    Projections made accordingly, given growth rates of GDP and actual tariff rates.

    Results not very robust although R 2 and t values not insignificant for most

    commodity groups. Import projections compared to actual imports for the year

    information available i.e. for 2002-03 suggest that projected imports much

    higher than actual quantities imported. Sectoral analysis suggests that actual

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    imports much lower for sectors like petroleum and products and other mineral

    oils and mineral products; cereal products, certain oilseeds; pharmaceutical

    products; fertilizers; printed books; railway locomotives & equipments; and

    project goods. This requires further analysis. Important identify reasons why

    this fit gave good projection in earlier study taking period 1991-92 to 1997-98

    but not for this longer period up to 2001-02.

    Looking at import elasticity, found elasticity less than (-)1.0 for 13 commodity

    groups out of 99. This suggests that reduction in tariff would result in higher

    percentage increase in import ratio for these commodities. These items included

    animal/vegetable fat, sugars, cocoa, vegetable and fruit preparations, tobacco

    items, carpets and textile, floor coverings, apparels and clothing, human hair,

    feathers, ships and boats, furniture, beddings, toys, sports items Other sectors

    elasticity found to be between (-)1.0 and zero and even positive for few.

    v. Some Final ObservationsLarge tariff reductions of essential import items like cereals, dairy products,

    edible oils and other agricultural products with low elasticity would benefit the

    consumers but would be unacceptable on considerations of number of people

    dependent on these items for their livelihood and implications on domestic

    production. These sensitive items are also heavily subsidized by DCs. On the

    other hand, drastic tariff reductions on items with high import elasticity could

    lead to substantial surge in imports and affect the domestic economy adversely.

    It is imperative that tariff rates need to be rationalized and more importantly

    made more uniform and transparent. While undertaking reduction

    commitments, need to carefully identify sectors that could be subjected to

    greater tariff reductions than others.

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    At the same time, items of export interest with high import content need

    separate treatment. Delicate balance of various considerations required to

    determine tariff reductions such that have minimal detrimental impact on

    economy.

    3.2 WTO AGREEMENT ON AGRICULTURE

    i) IntroductionAfter over 7 years of negotiations the Uruguay Round multilateral trade

    negotiations were concluded on December 15, 1993 and were formally ratified

    in April 1994 at Marrakesh, Morrocco. The WTO Agreement on Agriculture

    was one of the many agreements which were negotiated during the Uruguay

    Round.

    The implementation of the Agreement on Agriculture started with effect fromJanuary 1, 1995. As per the provisions of the Agreement, the developed

    countries would complete their reduction commitments within 6 years, i.e., by

    the year 2000, whereas the commitments of the developing countries would be

    completed within 10 years, i.e., by the year 2004. The least developed countries

    are not required to make any reductions.

    The products, which are included within the purview of this agreement are what

    are normally considered as part of agriculture except that it excludes fishery and

    forestry products as well as rubber, jute, sisal, abaca and coir.

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    ii) Salient FeaturesThe WTO Agreement on Agriculture contains provisions in 3 broad areas of

    agriculture and trade policy: market access, domestic support and export

    subsidies.

    a) Market AccessThis includes tariffication, tariff reduction and access opportunities.

    Tariffication means that all non-tariff barriers such as quotas, variable levies,

    minimum import prices, discretionary licensing, state trading measures,

    voluntary restraint agreements etc. need to be abolished and converted into an

    equivalent tariff. Ordinary tariffs including those resulting from their

    tariffication are to be reduced by an average of 36% with minimum rate of

    reduction of 15% for each tariff item over a 6 year period. Developing countries

    are required to reduce tariffs by 24% in 10 years. Developing countries as were

    maintaining Quantitative Restrictions due to balance of payment problems, were

    allowed to offer ceiling bindings instead of tariffication.

    Special safeguardprovision allows the imposition of additional duties when

    there are either import surges above a particular level or particularly low import

    prices as compared to 1986-88 levels.

    It has also been stipulated that minimum accessequal to 3% of domestic

    consumption in 1986-88 will have to be established for the year 1995 rising to5% at end of the implementation period.

    b)Domestic supportFor domestic support policies, subject to reduction commitments, the total

    support given in 1986-88, measured by the total Aggregate Measurement of

    Support (AMS) should be reduced by 20% in developed countries (13.3% in

    developing countries). Reduction commitments refer to total levels of support

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    and not to individual commodities. Policies which amount to domestic support

    both under the product specific and non-product specific categories at less than

    5% of the value of production for developed countries and less than 10% for

    developing countries are also excluded from any reduction commitments.

    Polices which have no or at most minimal trade distorting effects on production

    are excluded from any reduction commitments The list of exempted green box

    policies includes such policies which provide services or benefits to agriculture

    or the rural community, public stock holding for food security purposes,

    domestic food aid and certain de-coupled payments to producers including

    direct payments to production limiting programmes, provided certain conditions

    are met.

    Special and Differential Treatmentprovisions are also available for developing

    country members. These include purchases for and sales from food security

    stocks at administered prices provided that the subsidy to producers is included

    in calculation of AMS. Developing countries are permitted untargeted

    subsidized food distribution to meet requirements of the urban and rural poor.

    Also excluded for developing countries are investment subsidies that are

    generally available to agriculture and agricultural input subsidies generally

    available to low income and resource poor farmers in these countries.

    c) Export SubsidiesThe Agreement contains provisions regarding member's commitment to reduce

    Export Subsidies. Developed countries are required to reduce their export

    subsidy expenditure by 36% and volume by 21% in 6 years, in equal instalment

    (from 1986-1990 levels). For developing countries the percentage cuts are 24%

    and 14% respectively in equal annual installment over 10 years. The Agreement

    also specifies that for products not subject to export subsidy reduction

    commitments, no such subsidies can be granted in the future.

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    iii) LIKELY ISSUES FOR NEGOTIATIONS AND POSSIBLEINDIAN STAND

    a) Market Access:

    i) High agricultural tariffs and tariff peaks being applied by some WTO

    members are significant barriers to meaningful market access opportunities. We

    would have to very carefully articulate it as India will need to have a reasonable

    level of tariff protection for taking care of its food security and rural

    employment concerns.

    ii) Tariff escalation is another factor, which discourages developing countries

    from diversifying from primary commodity production to processed value

    added agricultural products for export purposes.

    iii) The operation of tariff rate quotas in a non-transparent and complex manner

    limits trade opportunities of new suppliers, particularly from developing

    countries. In this context, thus, guidelines on TRQ allocation and administration

    would be sought so as to enhance market access opportunities. It may be

    desirable to press for the elimination of tariff rate quota system itself.

    iv) Certain aspects of sanitary and phytosanitary measures which limit market

    access particularly for exports of developing countries would also figure

    prominently in the forthcoming negotiations.

    v) The special safeguard provisions, which are available to only a few Member

    countries, would also be coming up for review and India would press for its

    availability to all developing countries.

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    b) Domestic Support:

    i) During the course of implementation of obligations/commitments, a number

    of member countries particularly from the developing world have experienced

    difficulty in calculating and notifying their aggregate measurement of support

    (AMS) on account of the following factors:-

    a) Financial/resource constraints limit the capacity of most developing countries

    to provide support to their agricultural sector even upto the de minimis level.

    b) Lack of clarity in the agreement with regard to the treatment of negative

    AMS and "excessive inflation", reduces the flexibility provided to developing

    countries during the Uruguay Round to address their domestic policy concerns.

    Such implementation issues would require clarification during the current

    negotiations.

    ii) The 'Green Box' should be revisited for a further tightening of criteria as it

    currently incorporates various provisions for support, many of which are not

    non-trade distorting. Moreover, as it is currently designed, it is not of much

    assistance to developing countries as it does not reflect their support

    programmes.

    iii) The Blue Box measures which refer to direct payments to farmers under

    production limiting programmes which are currently exempt from AMS

    reduction commitments, should either be totally dispensed with or alternatively

    should be subject to reduction commitments.

    iv) Ways and means to incorporate increased flexibility in the level and use of

    de minims support would also be discussed.

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    c) Export Subsidies:

    i) Export subsidies are universally acknowledged to be the single most trade

    distortive impact in agriculture because of their potential of displacing

    developing country exports. There would be a strong demand for a complete

    outlawing of export subsidies. India would also press for it. However, as long as

    the export subsidies are permitted to be given by any country above the de

    minims limit provided under the WTO's Subsidies and Countervailing Measures

    agreement, India should also have right to give export subsidies upto an

    appropriate level.

    ii) Establishment of disciplines in the field of export credits, guarantees and

    deferred paymentswhich have a negative effect on prices and competition in the

    world agricultural market would be insisted and India would like it to be also

    included under the disciplines of Export Subsidies.

    iii) On account of ambiguity in the existing language of the Agreement on

    Agriculture, certain countries are resorting to 'rolling over of export subsidies.

    This practice would need to be suitably addressed as it amounts to negation of

    reduction commitments.

    iv) Non Trade Concerns:The Non Trade Concerns (NTCs) including food security and the need to

    protect the environment, alluded to in Article 20 of the Agreement on

    Agriculture would be taken into account during negotiations.

    Food Security for India is not only availability of sufficient food but also

    adequate means to procure the same. Eminent agricultural economists and

    scientists like Dr. Swaminathan also believe that food security is economic

    access to food. Accordingly this has ramifications for employment and

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    livelihood. For developing countries like India which are still grappling with the

    twin problems of poverty and unemployment, the production of food and

    economic access to it are primary objectives. As opposed to this certain

    developed countries are advocating multifunctionalcharacter of agriculture

    which essentially signifies that agriculture has functions other then providing

    food and fiber and also includes the protection of environment and maintaining

    the economic viability or rural areas. Viewed against the needs of developing

    countries concerns about the maintenance of rural landscape appear to be

    hollow. Any attempts to try and equate the two different scenarios and continue

    heavy subsidization of agriculture would be resisted. The concept of multi

    ficationality needs to the examined from the perspective of developing

    countries. Here, we would like to highlight the fact that the non-trade concerns

    of developed countries and those of developing countries differ not only in

    content but in priority also.

    For countries like India, multi functionality of agriculture is best main fested in

    its ramifications in areas such as food security, employment and the elimination

    of poverty in rural areas. Moreover, these issues are neither emotive nor

    undefined but are practical and harsh realities which decision makers have to

    confront when addressing issues of agricultural policies. The need to provide

    employment opportunities in pre-dominantly rural agrarian areas is one of the

    main NTCs which India would like to see addressed.

    v) Biotechnology:

    Biotechnological inventions are increasingly affecting agricultural production

    and trade. New genetically engineered varieties of crops have increased

    productivity and are more pest resistant. This has important ramification for

    increasing productivity which is of central concern to almost all developing

    countries. To this extent, we would support carefully controlled use of

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    biotechnology in agriculture. At the same time, there are environmental

    concerns relating to biotechnology. It is feared that Genetically Modified

    Organisms (GMOs), not having been fully tested for their effect on human

    health or the environment, should be treated as a class apart. There are also fears

    that new technologies like the so called 'terminator gene'could imbalance the

    ecosystem if it spreads beyond controlled production areas.

    A concrete country position needs to be evolved in this regard.

    v) Strengthening of the Special & Differential Treatment:Special & Differential Treatment accorded to developing countries under the

    Uruguay Round would be another area of importance to developing countries.

    These special provisions were designed to take into account the constraints

    faced by many developing countries in taking advantage of trading

    opportunities due to structural problems like inadequate infrastructure, lack of

    resources etc. The existing imbalance and problems of implementation of the

    agreement would be a high priority item in the next round.

    3.3 ANNEXUREFOOD SECURITY-AN IMPORTANT NON-TRADE CONCERN

    1. The objective of the Agreement on Agriculture (AOA) was to bring about

    discipline in one of the most distorted sectors of trade, by, inter alia, disciplining

    the unrestricted use of production and export subsidies, as well as by reducing

    import barriers, including non-tariff barriers. Thus, the AOA sought to limit the

    extent of support granted by individual countries and attempted to ensure that

    countries adopt a more liberal policy as far as agricultural trade was concerned.

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    At the same time, as indicated in the Preamble, the AOA recognized non-trade

    concerns (NTCs) of countries. These NTCs amongst others include food

    security and the need to protect the environment.

    2. However, this fine balance between trade and non-trade concerns, as

    mandated in the Preamble, does not appear to have been fully reflected in the

    provisions of the Agreement and consequently in its implementation. The major

    thrust of the Agreement appears to be based on the hypothesis that liberalisation

    is the panacea of all ills in the agricultural sector. While this may be tenable

    from a conventional economic view point, such a reasoning does not take into

    account the problems faced by a number of developing countries, which

    because of certain underlying constraints, have to necessarily take into account

    non trade concerns such as food security, while formulating their domestic

    policies. This is particularly true of developing countries, where a significant

    percentage of the population is not only dependent on the agricultural sector for

    its livelihood, but is also surviving just around the poverty line. In such

    countries a purely market oriented approach may not be appropriate. Instead, for

    some countries it may be necessary to adopt, what we would like to term a

    market plus approach, in which non trade concerns such as the maintenance of

    livelihood of the agrarian peasantry and the production of sufficient food to

    meet domestic needs are taken into consideration. We, therefore, feel that at this

    juncture it is important to closely examine this aspect of the AOA, so as to

    ensure that the reform process in the agriculture sector takes into consideration

    the food security and other non trade concerns of countries like India.

    3. Ensuring food security that is the access of the population to sufficient food

    to meet its nutritional requirements is a basic objective of governmental policies

    in agrarian developing countries. Hence, food security issues cover not only

    issues related to the availability and stability of food supplies but also to issues

    of access to this supply i.e. related to the resources that may be needed to

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    procure the required quantity of food. It is therefore clear that issues related to

    food security are sensitive issues and hence countries in which a large

    percentage of population is dependent on this sector, would like to have a

    certain degree of autonomy and flexibility in determining their domestic

    agricultural policies. These policies would naturally be geared towards

    improving productivity, enhancing income levels, reducing vulnerability to

    market fluctuations, ensuring stability of prices etc. Inter alia, this would be

    achieved through reliability of production and supplies, so that seasonal

    variations in access to food are minimal. It is for this reason that national food

    production policies have been central to domestic agricultural policies not just

    for developing countries, but also for the developed countries who are net

    importers of food, as has been brought out in the papers submitted by Norway

    and Japan. It is, therefore, clear that in this sense food security is a legitimate

    national concern and has been so recognized by the FAO (Food & Agriculture

    Organization). In fact, during the World Food Summit of 1996 "the importance

    for food security of sustainable agriculture, fisheries, forestry and ruraldevelopment in low and high potential areas" was explicitly recognized. This

    recognition of the importance of food security even for low potential areas

    clearly underlines a developmental perspective which goes beyond mere trade

    concerns, and is, therefore, germane to the outlook and interest of developing

    countries.

    4. Let us, therefore, examine both the external and internal dimensions of this

    problem particularly from the perspective of developing countries.

    5. Countries which argue and support rapid liberalisation of the agricultural

    sector contend that global food sufficiency would in a way ensure food security

    since countries could then produce what they are most competent and efficient

    in, while importing the rest of their food requirements. Such an argument

    presupposes that all countries would at all times have sufficient foreign

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    exchange to procure their food requirements internationally. This assumption is

    obviously not true since not all developing countries would be in a position to

    import food grains, even if these were available at competitive prices, due to

    their limited foreign exchange reserves. Moreover, these countries often face

    cross sectoral pressures on their available funds, which further limits their

    capacity to procure internationally. This problem is further compounded in case

    there are unforeseen variations in the international prices.

    6. Similarly, there are various internal constraints which if not appropriately

    addressed, would severely limit the capacity of developing countries to increase

    domestic production, to at least a certain minimum percentage of their

    requirement. Firstly, holdings are small and the majority of farmers belong to

    the small and marginal category. This limits any attempts to introduce

    mechanized farming and also constrains the adoption of new technologies

    unless accompanied by large scale extension programmes. Consequently, the

    productivity is low and the total production varies substantially, since a large

    percentage of the agricultural sector continues to be at the mercy of the vagaries

    of nature. Further, only a small percentage of what is produced finds itself in the

    market, the rest being used by the small and marginal farmers for sustenance or

    for simple barter. At the same time, there is increasing pressure on land from

    non agricultural users, both because of the rising level of urbanization as also

    because of the geographic spread of industries. If this limitation on the

    availability of agricultural land is viewed in the context of the growth in

    population, which most of the developing countries invariably face, it would be

    clear that the only way in which agricultural growth can be sustained and the

    objective of food security attained, would be through increased governmental

    support in the use of inputs, particularly in terms of irrigation, electricity,

    fertilizers, pesticides, technical know-how, high yielding varieties,

    infrastructural development, market support etc.

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    7. It is, therefore, clear that there are significant external and internal

    ramifications of attaining the objectives of food security. While it may not be

    possible to immediately ensure that developing countries are able to produce at

    least a certain minimum percentage of their annual food requirement, this is a

    goal which has to be pursued, particularly in light of the constraints that

    developing countries would face in adopting an external solution to this

    problem. Recognizing the percentage of small farmers in the agricultural sector

    of most developing countries, it is clear that a major part of the financial burden

    of increased inputs would have to be met through governmental subsidies. It

    would need to be recognized that the small farmer would not be able to meet his

    principal responsibility without adequate support from government. Public

    intervention would therefore be necessary in order to achieve these national

    goals.

    8. Finally, it needs to be said that agricultural self reliance forms a vital

    underpinning for the growth of the GDP of agrarian developing economies

    since good agricultural production provides purchasing power to a large

    majority of a population, which in turn spurts industrial growth. Self-sufficiency

    in food production has therefore a specific developmental perspective as

    opposed to a purely commercial perspective. Hence, it is our view that

    developing countries need to be provided the requisite flexibility within the

    AOA to pursue their legitimate non trade concerns. More specifically,

    developing countries need to be allowed to provide domestic support in the

    agricultural sector to meet the challenges of food security and to be able to

    preserve the viability of rural employment, as different from the trade distortive

    support and subsidies presently permitted by the Agreement. It is therefore

    important that a differentiation is made between such domestic support

    measures which are presently being used to carve out a niche in the international

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    trade and between those measures which would allow developing countries to

    alleviate rural poverty.

    9. India is anxious that the AIE process must therefore examine the manner in

    which developing countries can be provided additional flexibilities by

    appropriate adjustments to the provisions of the AOA, in order to enable them

    to pursue their legitimate non- trade concerns. India believes that a focussed

    discussion on the subject will contribute to increased awareness to the non-trade

    concerns of countries like India, such as food security and rural employment,

    and thus enable the WTO Membership to deal with the subject of continuation

    of the reform process in the agricultural sector with sensitivity to these

    concerns.

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    Chapter-4

    CONCLUSION

    4.1 Advantages and Disadvantages of WTO4.2 Role of India in WTO4.3 Conclusion4.4 Bibliography

    4.1 Advantages and Disadvantages of WTO

    Advantages:-

    - The WTO is a forum which discusses the differences on trade between

    members.- Is Transparency and predictability.

    - Establish a system of trade rules between countries.

    - The WTO makes more efficient the specialization of a country with a product,

    getting better advantages.

    - Help to balance the trade between countries.

    - Encourages the stability of the negotiations and helps the development of a

    country.

    - Try to balance opportunities for all countries.

    - Dont allow that developed countries trample on less develop countries.

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    Disadvantages:-

    - The WTO is fundamentally Undemocratic.

    - Industrialized countries benefit more than poor countries.

    - Try to monopolize all basic services.

    - Developed countries have an advantage over developing countries.

    - Don't allow the participation of developing countries.

    Although there are several advantages of the WTO and although one of the

    principles is that no discrimination, it is disturbing to see that if there are fold

    over the favoritism to developed countries than developing.

    4.2 Role of India in WTO :

    Role of India in WTO India is a founder member of the General Agreement on

    Tariffs and Trade (GATT) 1947 and its successor, the World Trade

    Organization (WTO), which came into effect on 1.1.95 after the conclusion of

    the Uruguay Round (UR) of Multilateral Trade Negotiations. India's

    participation in an increasingly rule based system in the governance of

    international trade is to ensure more stability and predictability, which

    ultimately would lead to more trade and prosperity for itself and the 149 other

    nations which now comprise the WTO. India also automatically avails of MFN

    and national treatment for its exports to all WTO members. India has aligned

    itself with WTO in the goal to reduce the trade barriers and tariffs to zero by

    2025.

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    4.3 Conclusion

    . It will be just to highlight one issue each where the RICH countries and poorcountries need to be honest. Let us be honest to understand that dominance of

    politics over economics and fair play will never render justice.

    With malice toward none ,charity for all with firmness in right as god has

    given us to see the right, let us strive on to achieve adjust and prosperous nation

    among all other nation

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    4.4 BIBLOGRAPHY

    The WTO Website: www.wto.org

    Some related websites of interest

    OECD www.oecd.org

    ITC www.intracen.org

    World Bankwww.worldbank.org

    http://www.wto.org/http://www.oecd.org/http://www.intracen.org/http://www.worldbank.org/http://www.worldbank.org/http://www.intracen.org/http://www.oecd.org/http://www.wto.org/