09 - Chapter 3 PDF
09 - Chapter 3 PDF
09 - Chapter 3 PDF
barriers, situation before and after World War I and World War II. It
also analysed the growth of India's foreign trade in the context of world
trade.
international trade for a long time till December 31, 1994. The impact
to the World War Ilnd (1939-45) the world economy suffered severe
distorted and the pinch was felt by the world as a whole. There was
Norway, South Africa, USSR, the United States and the United
The charter for the ITO expressed the desire for a gradual reduction
of tariffs and opposed the use of import quotas, import licences and
of nations in the ITO. The United State and other nations supported
GATT. This announcement spelled the end of the ITO and GATT came
into existence.
upon British experience. The GATT was based largely on selected parts
of the draft of ITO charter with the purpose of liberalising trade. It was
a multilateral treaty subscribed by 83 countries which together accounted
for about 85 per cent of world trade.
and trade restrictions and not with any other international matters. It
trade in general and the reduction of tariff barriers (custom duties and
members^.
anti-dumping duties to the extent that the sale of imported goods takes
which countries can discuss and solve their trade problems and negotiate
this double role. GATT rules govern the trade of its member countries
waivers from GATT rules have been power influences in shaping the
who could have resolved the trade deadlocks of any two countries. Thus
by consensus and not by vote, and when on rare occasions voting takes
place, each contracting party (member country) has one vote. Most
of votes cast, with the majority comprising of more than half the member
meet every two years and bargain for reductions, that apply to all
the member of the GATT and most of developing countries were also
73
negotiations among member countries and for the last over three decades
and improving trade relations, so that the international trade may flow
recommendations thereon.
does not aim to achieve above objectives directly. For example, for
Principles of GATT
meetings of the contracting parties, for the modest secretariat and for
This means equality in the sense that there is only one tariff rate in
"Most Favoured Nation Clause" means all member countries are bound
nation should be treated as the most favoured nation. Any benefit given
free trade areas or customs union, member were free to adopt measures
against dumping and export subsidies because these measures led to
facilitate trade between territories.
market of a country.
s^s'.-yf'
contracting parties^°.
Negotiations:
of low tariffs on reciprocal basis. For this each member has to work in
good faith and should not raise its tariffs and other quantitative measures
subsidies and export subsidies. GATT rule is that countries are required
78
date.
Dumping Duties:
the levy of countervailing duties, but only in cases where it has been
in the matter of trade and trade related problems. The GATT councils
on GATT for the settlement in cases where member countries feel that
for renegotiation has been made by which the bound tariffs can be
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The purpose of GATT is to give the same rights to all foreign traders
GATT lays down rules, for the conduct of international trade and
with respect to customs duties and charges of any kind, any advantage
domestic products.
is the situation where products of one country are introduced/ sold into
the market of another country at less than the normal value of the
product prevailing in the foreign country and lower than the price
impartial and reasonable manner all its laws, regulations, decisions and
rulings.
for export of any product destined (originating) for the territory of any
other contracting party, unless the importation of the like product of all
third countries or the exportation of the like product to all third countries
a small part of its external trade where the benefits to the parties
with regard to questions of QRs, and other trade measures and those of
support either to increase the exports or reduce the imports, the country
extent and nature of subsidization, its estimated effect upon the product
other parties, the country granting it, shall upon request, discuss with
observed that the grant of subsidy may have harmful effects for other
products.
whose economies can only support low standards of living and are in
standard of living of their people, they can take protective and other
part or withdraw or modify the concession, to the extent and for such
health;
resources;
(b) to prevent any contracting party from taking any action, necessary
Article XXII deals with Consultation. Each contracting party shall accord
GATT agreement.
matter may be referred to the Contracting Parties (the third party group)
as appropriate.
88
Unions and Free- Trade Areas. The GATT agreement clarifying the
criteria and procedures for the review of new or enlarged customs unions
or free trade areas and for the evaluation of their effects on the third
territories. Similarly a free trade area will imply a group of two or more
trade between the constituent territories and not to raise the barriers to
Article XXV deals with Waivers. GATT agreement specify from GATT
contracting parties. Such a contracting party shall also offer upon request
and agreement with any contracting party with which such concession
trade. Thus, they may sponsor such negotiations from time to time.
90
Article XXXI deals with Withdrawal. Under this article any contracting
any contracting party and any other contracting party if the two
contracting parties have not entered into tariff negotiations with each
other. The contracting parties may review the operation of this Article
appropriate recommendations^^.
and procedures of trade under the GATT. The draft decision also sets
making. Among other things, the text notes that greater exchange rate
his opposite numbers in the World Bank and the International Monetary
the way through which international trade can run steadily, smoothly,
After judging from the totality of its working, it can be said that
tariffs on the basis of Most Favoured Nations and other barriers to trade.
round of negotiations was held in the latter half of 1947 before GATT
1947-48.
And the eighth round which is the last round known as "Uruguay
international trade were also discussed, but the results were largely
during this round in the area of non-tariff measures. The Tokyo Round
under these rounds, the table-3.1 specifies the results of each round,
Table-3.1
Showing Results of Multilateral Trade Negotiations
Conducted so far
Megotiations Years hocus Vcilues ot No. ot No. ot
Trade Concessions Countries
Covered Made Participated
Geneva (Kennedy Round) 1964-67 Tariffs & $ 40 billion Fig. not available 62
Non-Tariff
measures
Source: GATTpublications^^.
countries. In all eight rounds of negotiations have been held and tariffs
have been the focus of attention in all rounds except the one called
Tokyo round held in 1973-79 which devoted to the "Framework
Agreement" for the conduct of world trade.
the world trade expanded manifold in the real terms during the period
1947-94. During the years the increase in the trade in terms of value
year (average) in volume. The average annual growth rate in the world
Rhodesia, Seria, South Africa, United Kingdom and the United States.
The first session of the contracting parties was held from February to
the ITO which served as the adhoc secretariat of GATT, moved from
96
Lake Placid, New York, to Geneva. The contracting parties held their
basis2°.
and 2 percent of the total output. Ten additional signatories joined the
From September 1951 to April 1952 was held the third round of
and Turkey^^.
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produced some $2.5 billion worth of tariff reductions. Japan signed the
could be facilitated^^.
were cut on further 4,400 items. It covered $4.9 billion of trade. This
This round was divided into two phases; the first was related to
special rule calling for unilateral concessions and said that article XXVIII
countries.
duty- free access for tropical product, every participant was free to
judge on mutual basis for itself and all countries should co-operate in
against the restrictive trade practices by USA, the USA was itself
complaining against EEC. The USA wanted linear reduction "in tariffs"
did not take place, there would be disparities in tariff structure of the
Round' in May 1963. In June 1967, the 'Final Act' of round was signed
about $40 billion. The Kennedy Round tariff negotiations were intended
products, tropical products and to deal with both tariffs and non-tariff
conditions for access to the world market for agricultural products such
as cereals, meat,etc^^.
were getting more benefits. The sixth round was regarded as a "rich
men's deal" only. Most of the concerns of the less developed countries
that GATT has not fully satisfied the expectations of developing world
growth of the less developed countries. The over all result of Kennedy
round was very substantial and of larger magnitude than other multilateral
the results of the Kennedy Round were not very satisfactory from
not solved and the priority which they deserved was not received as per
their expectations.
that the top priority would be given to the developing countries in relation
It means that there should be a long term contract about basic and
Denmark and Finland implemented the tariff cuts under the Kennedy
goat and sheep skins, cashewnuts and cinnamon boosted because these
products now had duty free entry into the market of above countries^^.
This round also known as Tokyo Round'. Under this round ministers
tariff reductions were cut by 20-30 percent for goods with a traded
value of $300 billion. Under the Tokyo round several agreements were
trade in dairy and tropical product and trade in civil aircraft. The first
result of the round was, reduction in import duties and other trade
third (33 percent), over a period of eight years. The most important
mechanism.
103
rate of their trade which is essential for their developmental needs. The
and non-tariff barriers, deals with both industrial and agricultural products
and the products which are export interest, and measures effect their
export.
subjected to lower taxes or at duty free. The concessions were given for
ten years at one time. The GSP opens up markets for less developed
which tariffs have been reduced by the USA, are diamonds, woollen
and mica products, jute yarn, wearing apparel, lace and net bedding,
bedspreads and steel and brass articles used in households. The items
fabrics, coirmats and mattings, woollen carpets, silk fabrics, leather and
leather products and all handicraft items. In case of Japan, duty were
walnuts, cotton fabrics, jute fabrics and cut diamonds. Other developing
machine tools and related items, soyabean oil, wood pulp for the
alloys, power cranes, heat pacers and petroleum and gas well-drilling
The Final Act of this round was signed on 15th April 1994 with 124
member countries. It came into effect from 1st January 1995. The
same is discussed in the fourth chapter in detailed as this round has
cleared the horizon for the formation of WTO.
(against) by a country then the other country can resort to the dispute
GATT the treaty will boost global income by between $200 to 300
107
member can bring to the annual meeting, its complaint against any
to settle disputes, which hears the parties to the dispute, studies, consider
which are weak and easily breakable upon the continuing of it (QRs). It
means tariffs is neither too high nor too low. QRs are the subject to
Shortcomings of GATT:
under GATT.
of GATT. Its rules on subsidies are not explicit. GATT rules permitted
domestic subsidies but they take revenge if they damaged the trade
10. The "safeguard" rules under GATT's article allowed the contracting
11. The rules of GATT of formation of customs unions and free trade
areas had been distorted and abused. These rules weakened the
12. The GATT being a mandatory body, it did not possess any
that 80 percent of the world trade was conducted outside the GATT
rules^^.
global context. When it was felt by India that its exports and imports
with the introduction of new industrial policy which opened the doors
of domestic economy to world economy. The economic liberalization
process includes industrial delicensing, trade liberalization reduction and
rationalization in direct and indirect taxes. Deregulations of the financial
sector, privatization, restructuring of public sector undertakings, etc.
Many important advantages for which India signed the GATT treaty
• If India would have not signed the GATT agreement, India would
in the world.
countries.
this plateform.
112
• If India would have not signed the GATT, its foreign trade could
have been become more difficult because we would have to depend
completely on bilateral agreements.
• While making its plans and policies India has to think carefully
also.
Now the question arises is that if there was any alternative for
India if it had not signed the GATT and what had happened when India
processes to give and take basis. The multilateral trading system provides
a stable basis of trade and a set of rule for conducting of world trade is
not less beneficial in itself. The global trade negotiations are more
GATT accord.
annum due to general expansion of the world trade following the GATT
agreement. India's share in the world trade in the year 1947 (when
GATT came into being) stood at 2.4 percent and latter it was sliding
down to 0.5 percent in 1992 whereas the global trade rose tenfold
during the same period. Thus there is no certainty that if world trade
expands then India's share will also expand. Thus, it can be said that as
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in the 1990s", M.L. Gidwani- Indus Publishing Company, New Delhi, 1990,
p. 140.
1981, p. 73.
Lucknow, p. 303.
14. Devendra Thakur and Santosh Kumar Misra, "International Business", Deep
17. Nabi Hasan, Dissertation, on "GATT and developing countries with special
18. R.K. Pandey, "Foreign Trade Review", P.K. Gupta Publisher, Vol. XX, No.
34. Ajay Kumar Singh, "Indian Journal of Commerce", P.K. Jena Publisher,
Bhubaneswar, Vol. XLVIII, No. 182 and 183, March - June, 1995, pp.
115-117
and Challenges", Deep and Deep Publication, New Delhi, 1999, pp. 22-
23.