The World Trade System - How it Works and What's Wrong with it
This briefing - the first of six in a series from Friends of the Earth International covering the Seattle WTO Ministerial Conference and the proposed new Round of negotiations (the Seattle Series of briefings) - examines the theories, impacts and institutions of world trade, outlines current proposals for new trade negotiations in various different sectors and examines the influence of transnational corporations.
CONTENTS
10 reasons why the world trade system is bad for people and the planet
10 reasons why the World Trade Organization is bad for people and the planet
- Introduction
- Why do we trade?
- What is 'free trade' and what's wrong with it?
- The World Trade Organization - past, present and future
- Corporate influence
- Friends of the Earth's recommendations
-
Conclusion
Key references and reading 30
Other briefings in this series include:
The World Trade System: Winners and Losers
The World Trade System: an Activists' Guide
Food and Food Security: the Implications of Current Trade Negotiations
Forests: the Implications of Current Trade Negotiations
The WTO and Finance: Possible Investment Negotiations in the WTO
You are invited to reproduce information from this briefing, but asked to
acknowledge Friends of the Earth International as the source of your information.
10 reasons why the world trade system is bad for people and the planet:
The principles on which the trade system is based are fundamentally flawed:
The
trade system pursues growth at all costs, through trade and investment liberalization, and
sees economic growth and increasing consumption as ends in themselves. Key principles of
free trade, such as comparative advantage and export-led development, have been
discredited. The trade system ignores the fact that increasing consumption is depleting
natural capital (the environment) on which the global economy is based. Increased trade
also means more transport, leading to a loss of natural habitats and biodiversity and
negative impacts on local communities. The trade system pays no heed to equity and
distribution and does little to promote development and environmental protection.
The trade system is increasing economic instability:
The deregulation of
financial markets and the revolution in information and communication technology has
stimulated massive growth in short-term capital flows, undermining countries' economies
during economic crises and increasing the number of people in poverty. Trade and
investment in least developed countries - particularly in Africa - has been concentrated
on primary commodities. Because of fluctuating commodity prices in global markets this
leads to increased economic insecurity.
The trade system is increasing inequality between the 'haves' and 'have-nots':
The
world trade system has increased the wealth of a narrow band of society. The winners have
been both the developed countries and the wealthiest people, whilst poor countries and
poor people have been increasingly marginalized. The impact of trade liberalization has
hit subsistence farmers particularly hard. Trade liberalization does not benefit the
majority of the world's population.
The trade system does not respect the environment:
Trade and environmental
policies have come into conflict at both the national and international levels. Trade
policies are almost always given priority and environmental laws are frequently undermined
as a result. The powerful influence of trade concerns has also permeated important climate
change negotiations and blocked negotiations on a Biosafety Protocol to regulate the use
of and trade in genetically modified organisms under the Biodiversity Convention.
The trade system is increasing inequality between the 'knows' and 'know-nots':
Knowledge
- particularly information, communications and biotechnology - is proving to be one of the
key assets of a 'new' economy. This has marginalized the 'know-nots' who have been kept
out of the knowledge sector and excluded those unable to share in the knowledge revolution
due to difficulties relating to cost, language and literacy. The trade system protects the
intellectual property of knowledge-rich companies rather than diffusing knowledge and
transferring technology.
The trade system is increasing employment insecurity:
The expansion of trade and
the growth of incomes in OECD countries has not increased employment in developed
countries. The globalization of the employment market and the mobility of companies and
capital has also increased instances of firms moving to take advantage of lower wages and
weaker labour laws. Threats to relocate also allow companies to force reductions in
environmental and social standards around the world. Mergers, acquisitions and corporate
restructuring are also increasing employment insecurity.
The trade system is bad for your health and safety:
Companies are moving
or expanding operations in developing counties where work force health and safety
regulations are lower. Occupational disease, injury and death have taken a particularly
heavy toll in developing countries due to globalization. Health and safety standards in
industrialized countries have been successfully challenged through the WTO. Increased
trade is also responsible for increased air pollution.
The trade system pits the weak against the strong:
Small companies are
expected to compete in the global economy along with the likes of Microsoft, Monsanto and
Mitsubishi even though there is a massive difference in both wealth and economies of
scale. The influence of transnational corporations in global trade policy is immense and
growing.
The trade system has not advanced human development:
Because of conflicts
between trade and other policies and because Gross Domestic Product (GDP) calculations
regard factors such as environmental damage, ill health and crime as positive
contributions to the economy, the priority given by most governments to trade,
globalization and the pursuit of growth in GDP is contributing to declining quality of
life for many people. For example, over the past 25 years, there has been increasing job
insecurity, growing global crime, spread of diseases such as HIV, increasing civil unrest,
greater traffic and congestion and higher levels of climate changing gases in the air.
The trade system has not relieved poverty:
As we reach the end of the
Millennium, more than a quarter of the developing world still live in poverty and more
than 100 million people in the developed world live below the income poverty line. The
trade system is exacerbating this situation, particularly by marginalising the poorest and
least influential communities around the world.
10 reasons why the WTO - which administers the world trade system - is also bad for people and the planet:
The WTO is undemocratic:
In spite of the one-country one-vote
structure of the WTO, powerful countries still wield enormous influence, often determining
negotiating agenda amongst themselves, and putting pressure on smaller, poorly resourced
countries to conform. The concerns of rich communities, rich people and rich companies all
appear to be heard more readily by the WTO than those of the poor.
The WTO is untransparent and unaccountable:
The WTO provides only very
limited access for parliamentarians and civil society at large. Dispute settlements and
the Appellate Body are conducted in closed sessions, with no public access or external
input. The WTO is exempt from conventions allowing greater public access to information.
In the past, there have been numerous reports of officials being unable to access
information about the activities of their
own
trade negotiators.
The WTO is increasing inequality and food insecurity:
WTO Agreements -
such as the Agreement on Agriculture (AOA), TRIPs and the Sanitary and Phytosanitary
Measures - are increasing global inequality and insecurity (particularly because of their
impact on food production and consumption) and favour rich countries and big business.
WTO rules regard development and social issues as barriers to trade:
For
example, the EU's preferential import regime for Caribbean banana farmers - aimed at
supporting small scale growers where costs are high because of steep terrain, poor soils
and climatic hazards - was deemed incompatible with WTO rules. The long-standing Lome
Convention between the European Union and African, Pacific and Caribbean countries is also
likely to disappear in the near future, for exactly the same reason.
WTO rules regard environmental and health issues as barriers to trade:
WTO rules
conflict with many national laws and practices intended to promote sustainability and
protect the environment. Most WTO agreements are based on the premise of sound, scientific
evidence which severely limits the application of the precautionary principle. WTO rules
have already been used to rule in favor of free trade and against various measures, eg
hormone-treated beef and shrimps that are caught using turtle-excluder devices.
WTO rules regard labels and certification systems as potential barriers to trade:
The
certification and labeling of environmental and socially acceptable goods (such as timber
or paper from well-managed sources and fairly traded products) and products that concern
consumers (such as GM foods) could be undermined by WTO rules.
The WTO is eroding cultural diversity:
The WTO TRIPs Agreement allows
companies to expropriate knowledge from local peoples in developing countries who, in many
cases, have been cultivators, researchers and protectors of plants for thousands of years.
The Agreement permits (primarily Northern) transnational companies to claim traditional
plant varieties or plant uses as 'inventions' that must be respected the world over.
Culture could also be further eroded if issues surrounding the entertainment business -
for example, films, broadcasting, music and publishing - are included in a new Round of
trade negotiations.
The WTO could undermine multilateral environmental agreements:
Multilateral
Environment Agreements that have trade components - such as CITES, the Montreal Protocol
and the Basel Convention on Trans-boundary Movement of Hazardous Waste - could be
challenged under WTO rules.
The 'all or nothing' approach of the WTO:
The last Uruguay Round of negotiations
was dealt with as a 'single undertaking'. If the EU were to have its way, the proposed
Millennium Round would also be negotiated as a 'single undertaking'. This means that many
different sectoral negotiations would be linked together and the results either accepted
or rejected in their entirety. This can put smaller countries, many of whom do not have
the capacity or the opportunity to participate in the full range of negotiations at a
severe disadvantage. Thus many developing countries who were opposed to the results of the
agriculture and TRIPs negotiations in the Uruguay Round were still forced to accept them
or risk being isolated in the global economy.
Influence at the WTO can be 'bought':
Subsequent to a $500,000 company donation
to the US Democratic Party, the US Government lodged a dispute in the WTO over the EU's
banana import regime. Some of the world's largest companies are paying hundreds of
thousands of dollars in the hope of gaining privileged access to key ministerial and other
negotiators at the Seattle Ministerial Conference through the Seattle Host Organization.
They expect to be able to attend receptions and dinners for heads of states, ministers and
delegates with preferential seating.
INTRODUCTION
A number of influential world leaders are planning to expand the world trading system by
initiating a comprehensive new Round of trade negotiations in the World Trade Organization
(WTO), frequently called the 'Millennium Round'. They are rejecting calls for a review of
the social and environmental impacts of the last 'Uruguay Round' of negotiations; and
ignoring a wealth of evidence showing that the current trade system promotes inequality,
is undemocratic, and degrades the environment, social structures and cultural diversity.
It is the underlying principles on which the free trade system is based that are
fundamentally flawed. The present trading system promotes the free movement of goods,
services and capital as a goal in itself, rather than ensuring that international trade
promotes sustainable and equitable development. As a result, current trade rules as
administered by the WTO encourage unsustainable resource use and an inequitable
distribution of resources; and can conflict directly with local, national and
international environmental laws.
Trade rules and trade flows have already had severe, negative impacts on a broad range of
environmental and social issues of concern to Friends of the Earth International's member
groups, especially in the areas of agriculture, food, forests and investment. A Millennium
Round would compound these difficulties.
The proponents of the 'Millennium Round' are pursuing an aggressive marketing strategy,
waving economic 'sticks' at developing countries and dangling environmental and labor
'carrots' in front of civil society. Yet past experience and the current negotiating
positions of a number of WTO members indicate that a Millennium Round will not address the
environmental or developmental failings of the world trade system in any meaningful way.
The problems with the international trade system cannot be addressed by tinkering with the
structure and/or regulations of the WTO. The time has come to reflect on deeper, more
systemic changes to the trading system.
For these reasons, Friends of the Earth is calling for an evaluation of the impact of
existing trade rules on sustainable development; a fundamental revision of the regulations
governing world trade in order to promote sustainability; and the cessation of any
proposals to expand the scope and power of the WTO.
Specifically, Friends of the Earth International is calling on governments meeting in
Seattle for the World Trade Organization's Third Ministerial Meeting in November 1999 to:
-
Cease negotiations to initiate a comprehensive Round of negotiations which would bring
new issues into the WTO.
-
Agree to a retrospective review of the WTO's impact on development, democracy,
environmental sustainability, health, human rights, labor rights and the lives of women
and children. Such a review should assess the consequences of the WTO's refusal to adopt a
precautionary approach; and consider the WTO's economic impacts at the national and local
levels.
-
Agree not to use trade rules to challenge laws designed to promote and protect
development, environment and health. A moratorium should be put in place until governments
recognize the existence and validity of the precautionary principle; environmental
protection; high national and international environmental and health standards; and the
benefit of operating in an open and transparent fashion.
-
Protect local, national and international environmental and social laws from unfair
challenges and weakening by trade rules, by ensuring that all relevant dispute fora are
required to give a presumption of validity to national and local laws and policies. And
may only find a violation if the challenged law clearly serves no legitimate purpose other
than discriminating against imported products.
-
Acknowledge that multilateral treaties on the environment, development, health, labor
and human rights, take precedence over the WTO and amend global trade rules to reflect
this point. In particular, acknowledge that the Convention on International Trade in
Endangered Species (CITES) and the Convention on Biological Diversity are the multilateral
agreements that govern trade in the products of biodiversity.
-
Oppose investment negotiations in the WTO and commit to the initiation of negotiations
under the United Nation's for a binding code of conduct for transnational corporations.
-
Reject the 'liberal free market' principles behind export-led development and place more
emphasis on policies that prioritize subsistence needs; forgive bilateral debt and agree
to substantial multilateral debt forgiveness for the poorest countries by the year 2000.
This will allow developing countries to pursue more sustainable development policies; and
Improve the democracy and transparency of the trading system.
A new and sustainable framework for the regulation of trade for the twenty-first century
needs to be based on the principles of democracy, equity, reduced consumption,
co-operation and caution. In order to achieve such a framework, broad reform of the global
economy is a prerequisite.
This briefing explains the myths, impacts and institutions of world trade, outlines
current proposals for new trade negotiations in various different sectors and examines the
influence of transnational corporations.
WHY DO WE TRADE?
What is trade?
Trade affects almost everything we do. Put simply, it is the buying and selling of goods
and services. It does not have to involve a monetary transaction. It might, for example,
involve a simple exchange of goods or services of mutual value between two people living
locally. However, as the volume of goods and services traded internationally increases, we
tend to associate the word 'trade' more closely with global commerce and long distance
transport. Many of us think particularly of shipping, which has been used to move products
between nations for thousands of years.
More often than not, it is individuals or companies that trade with each other. However,
governments have played a particularly significant role in international trade over the
centuries, since they have used either force or taxes (tariffs), subsidies and regulations
to control it. Government policies that intervene in the trade system and support domestic
industries are known as 'protectionism'. Policies that deregulate trade and aim for
non-intervention are referred to as 'free' trade policies or trade liberalization.
Why trade?
"
I think we ought to continue to expand tradeI do not believe that a country with
4.5 percent of the world's people can maintain its standard of living if we don't have
more customers.
" The President of the United States, June 1999.
People, communities and nations have traded with each other for centuries in order to
fulfil a number of goals. These include:
Local scarcity.
Few, if any countries in the world can produce all of the goods and
services that their populations need or desire.
To increase national influence.
Governments may have many different motives: to
increase power, to promote foreign policy, to influence economic and political
decision-making in other countries, to foster economic links, or to encourage
international security and promote a 'way of life'.
For cultural and social reasons.
Trade may be a way of maintaining or reinforcing
social bonds.
Economic development.
Trade is most often promoted as a means of increasing
economic growth and wealth. Since this strategy is also being promoted by the most
influential international financial institutions - the World Bank and International
Monetary Fund - it effectively determines the economic policies of many developing and
developed countries.
However, in practice, the most important influence on international trade is probably the
internal political and economic circumstances of the largest trading blocks, the US and
the EU.
Take the US, for example. Economically, the US is currently very strong in a time of
global weakness and is absorbing production surpluses from elsewhere. As a result it is
also running a trade deficit that could reach $200 billion for 1999 (the figure for the
first six months of 1999 was $118 billion). This is causing tensions internally and - with
presidential elections looming - is influencing the US's position on forthcoming
negotiations. The US's absolute priority must be to open foreign markets and increase
exports. This is also the reason why the US is keen for China to join the WTO (China is
negotiating to join before the Seattle Ministerial).
Trade flows
Goods and services
International trade in products and services (see Tables 1 and 2) is currently dominated by Western Europe, Asia and North America (particularly, the EU, Japan, Canada and the USA, collectively known as the 'Quads'). Western Europe has a particularly large slice of the trade cake, although the USA is the single most powerful trading country in the world.
| Table1: Trade in Goods - World Merchandise Trade 1995 (by products) and 1998 ($bn) | ||||||||
| Products |
World
(a) |
North America | Latin America | Western Europe | CEE | Africa | Middle East | Asia |
| Agricultural | 579 | 112 | 60 | 250 | 21 | 20 | 6 | 109 |
| Mining | 512 | 55 | 51 | 133 | 46 | 46 | 102 | 80 |
| Manufactured | 3640 | 570 | 111 | 1730 | 83 | 28 | 32 | 1085 |
| Total (1995b) | 4890 | 777 | 224 | 2191 | 153 | 103 | 141 | 1301 |
| Total (1998) | 5270 | 897 | 276 | 2348 | 214 | 107 | 137 | 1293 |
| a includes some destinations not accounted for elsewhere. b includes some products not accounted for elsewhere. | ||||||||
By the mid-1990s, world trade amounted to some $5,900 billion annually, about $4,900
billion being merchandise and $1,000 billion being services. By 1998, these figures had
increased to $5,300 billion and $1,300 billion respectively. The vast majority of the
value of world merchandise trade (about 75%) is accounted for by manufactured goods,
particularly transport machinery and electronic equipment. Minerals and agriculture - the
'staples' of the developing world - together constitute just 22% of merchandise trade.
International trade is also dominated by major transnational corporations (TNCs), almost
exclusively based in the industrialized world, with some 40% of international trade taking
place within these companies.
| Table 2: Trade in services - World Services Trade 1994 & 1998 by selected region ($ bn) | ||||||
| World | N. America | L. America | W. Europe | Africa | Asia | |
| 1994 | 1035 | 195 | 40 | 510 | 20 | 220 |
| 1998 | 1320 | 270 | 53 | 636 | 27 | 317 |
Investments
In addition to trade in goods and services there are now increasing flows of 'foreign
direct investment' or FDI. Basically, this means that instead of or as well as trading,
businesses are actually moving to foreign countries and establishing or buying into
operations in those countries. This can provide them with a number of benefits, including
better access to raw materials, new and easily accessible markets and cheaper operating
costs.
FDI is measured in inflows and outflows. In 1981 world FDI outflows were some $48 billion.
By 1995 this had risen six-fold to $318 billion and in 1997 it reached $424 billion.
| Table 3: Investment Flows - Annual FDI Inflows and Outflows 1981, 1990 & 1995 - $bn (%) | ||||||||
| Developed countries | Developing Countries | CEE | Total | |||||
| Year | Inflow | Outflow | Inflow | Outflow | Inflow | Outflow | Inflow | Outflow |
| 1981 | 37 (74) | 47 (98) | 13 (26) | 1 (2) | negligible | negligible | 50 | 48 |
| 1990 | 170 (83) | 222 (93) | 34 (17) | 18 (7) | negligible | negligible | 204 | 240 |
| 1995 | 203 (64) | 271 (85) | 100 (32) | 47 (15) | 12 (4) | negligible | 315 | 318 |
WHAT IS 'FREE TRADE' AND WHAT IS WRONG WITH IT?
The history of 'free trade'
Towards the end of the Second World War, a number of governments gathered at Bretton Woods
- a town in the USA - and agreed to set up the International Bank for Reconstruction and
Development (the World Bank) and the International Monetary Fund (IMF). The basic idea was
to set up an international monetary system, designed to help countries with balance of
payments problems and to avoid the sort of protectionist measures and competitive
devaluations which had been held largely responsible for the 1930s depression.
A third pillar of the system - proposed by the USA - was the formation of an International
Trade Organization (ITO) designed to liberalize international trade. However, disputes
arose between the United States and the United Kingdom as to the form it should take. The
ITO eventually emerged in a significantly revised form as the General Agreement on Tariffs
and Trade (GATT) in 1947.
The GATT was a simple agreement designed to reduce and bind (not increase) customs
tariffs (border taxes). In the four decades that followed, the GATT became the spearhead
for international trade liberalization, through its negotiations to reduce tariffs.
Since the formation of the GATT in 1947 there have been eight 'rounds' of trade
negotiations. The first six 'rounds' concentrated exclusively on tariff reductions. But
the seventh 'Tokyo' Round (1973-1979) coincided with a changing approach to trade
liberalization.
Since the 1970s, there has been a marked shift towards more open markets. In terms of GATT
negotiations, the Tokyo Round saw the first negotiations to reduce non-tariff barriers
(NTBs) which are actions by governments, other than tariffs, that can impact on trade.
Since NTBs can include environmental and health standards this was, and still is, of great
concern to civil society groups. The last Uruguay Round of negotiations (1986-1994) also
expanded the scope of the GATT dramatically, bringing in agriculture and services for the
first time, and - finally - creating the new and powerful World Trade Organization. The
Uruguay Round was also exceptional in that it covered areas not normally associated with
trade; these were termed 'trade-related' (and subsequently gave rise to agreements of
trade-related intellectual property rights and trade-related investment measures).
Several of the agreements concluded during the Uruguay Round were notable for their
exceptional bias towards rich countries and big business - in particular, the Agreement on
Agriculture (AOA) and the Trade Related Intellectual Property Rights (TRIPs) Agreement
(see below).
'Free trade' theory and its flaws
The current economic system is fundamentally flawed. It pursues profit via trade and
investment liberalization at all costs, despite significant weaknesses in its philosophy,
rules and operations. In particular, it focuses on constant economic growth based on
ever-increasing (and thus unsustainable) rates of resource use; and pays little heed to
the needs of the poor and disenfranchised of the world. It deals only with the monetary
economy and fails to address a range of issues related to peoples' quality of life. How
can a system that has so many apparent drawbacks have so many supporters?
One reason seems to be the faith that those supporters have in the theory underpinning
free trade.
Since the late 18th Century, various economists, businessmen and
politicians have argued against intervention in international trade. Protectionism, they
say, stifles international trade and is uneconomic, inefficient and leads eventually to
job losses. Instead they argue for what they call 'free trade' or 'trade liberalization'.
The theory of free trade was further developed by David Ricardo's theory of comparative
advantage.
The theory of comparative advantage
This theory states that nations should specialize in producing what they are best at;
and that they should then trade with other nations (see Box 1). Free trade theory has more
or less become gospel amongst many economists, and the WTO calls it
"..arguably
the single most powerful insight in economics
" (WTO, undated).
However, the theory is based on the fact that capital is immobile and will be invested
domestically. This is patently untrue in today's globalized world of transnational
corporations, international money markets and massive financial transactions, where
capital moves to wherever products can be produced at the least cost - and does so at the
touch of a button. For example, in 1997, total world cross-border investment flows
amounted to over $400 billion. Short-term (often speculative) capital now totals more than
$2 trillion annually.
Box 1: The theory of comparative advantage
If country A is better at producing food than country B, and country B better at
producing clothes than A, both will be better off specializing in the production of those
goods and trading with each other. This is known as 'absolute advantage'. If on the other
hand country A is much more superior at food production and slightly more superior at
clothes production than Country B, it might be expected that country B will 'lose'.
However, comparative advantage theory says that, country A should invest in specializing
in producing the good which it is comparatively more superior at making (food). Country B
should still specialize in what it does best (clothes) and the countries should trade. It
is beneficial for both countries because, the theory argues, it is more economically
efficient.
Thus, it is now the case that some countries will have or can acquire absolute advantage;
and that others will lose out completely. Thus, for example, the currency crisis that hit
South East Asia in 1997 saw massive 'capital flight', resulting in, for example, the
Malaysian stock market losing 40% of its value (some M$250 billion) in just six months.
This can only lead to increasing economic insecurity; and the lowering of international
standards as companies compete in the global market place.
Respected economists and writers Herman Daly and John Cobb (Daly and Cobb, 1989) have
criticized academic economists and free market proponents for failing to re-examine
comparative advantage theory saying:
"They have suppressed recognition of the
fact that the empirical cornerstone of the whole classical free trade argument, capital
immobility, has crumbled into loose gravel"
.
Measuring wealth using GDP
The 'freeing of trade' has been accompanied by global economic growth (albeit unevenly
distributed) as measured by Gross Domestic Product (GDP). However, GDP is seriously
deficient as a measure of 'social welfare' or 'development' because it reflects peoples'
income rather than their real quality of life. GDP counts the cost of health care,
pollution clean-up and the renovation of habitats as positive contributions to the
nation's wealth. Thus GDP can continue to rise, yet peoples' quality of life can
deteriorate. This helps to explain the apparent contradiction of rising GDP in many
countries and the sharp increase in criticism being leveled at the WTO.
Level playing fields
One of the most oft-quoted phrases in the free trade lexicon is that it provides a
'level playing field' for international trade. This is highly erroneous. Level playing
fields are only relevant in competition between equals - there is no point in Doncaster
Rovers regularly competing on the same playing field as Manchester United, Barcelona or
Flamengo. Yet small scale producers are expected to compete in the global economy along
with the likes of Microsoft, Monsanto and Mitsubishi even though there are massive wealth
differences. The WTO does nothing to correct these imbalances.
Other flaws
Free market theory is also based on the ideal of 'perfect competition' where, amongst
other things, there is perfect knowledge about all products and markets, all prices
reflect the true costs - economic, social and environmental - of a product and there are
no monopolies, oligopolies or cartels. This just does not happen.
'Free trade', both on its own and as part of a wider free market economic paradigm, has
become widely accepted the world over. Free market ideology stems very much from a
'western' view of the world which sees individual and/or private power as the most
legitimate conception of freedom. A major part of this world-view is a belief that free
market capitalism is the only viable socio-economic system and is thus 'right' for
everyone. However free market ideology - a belief in competitiveness, market forces and
private ownership - is very much rooted in western culture and psychology and is not
necessarily applicable across the world.
The impact of 'free trade'
Trade liberalization does not, as is often claimed, benefit all. The main winners from
trade liberalization so far have been developed countries (in particular the EU, the USA
and Canada), transnational corporations, the already rich and wealthy, those with access
to information and the owners of large farms. The main losers include developing
countries, the poor, employees, subsistence and small farmers, women, and those without
access to information (see
The World Trade System: Winners and Losers
, FOE for
further details).
The current trade system, as administered by the WTO, has a wide range of negative social,
environmental and developmental impacts. The following give a good indication of the scope
and range of the problem.
Increasing inequality
Trade liberalization is associated with increasing inequality both between and within
countries. United Nations Development Program (UNDP) figures show that in 1960, the 20% of
the world's population living in the richest countries were thirty times richer than the
poorest 20%. By 1997, they were 74 times richer (UNDP, 1999). According to UNDP: "
The
imbalances in economic growth, if allowed to continue, will produce a world gargantuan in
its excesses and grotesque in its human and economic inequalities
" (UNDP, 1996).
Trade liberalization directly benefits those already trading and enjoying economies of
scale. There appears to be no evidence to support the 'trickle down' theory that this
wealth is then passed onto the rest of society. As Michael Jacobs concludes: "
The
theory that wealth would
automatically 'trickle down' from the rich to poor has
been proved simply wrong: rather, it now appears that wealth can circulate and expand
within geographical and economic class boundaries to the exclusion of those outside
"
(Jacobs, 1996). Shockingly, 1.3 billion people are still obliged to manage on less than
one dollar a day.
According to UNCTAD: "
The big story of the world economy since the early 1980s
has been the unleashing of market forces ... The 'invisible hand' now operates globally
and with fewer countervailing pressures from governments than for decades ... Since the
early 1980s the world economy has been characterized by rising inequality and slow growth
"
(UNCTAD, 1997).
In fact, in the 1990s, the richest 20% of the world's population has 95% of all commercial
lending, 94% of all research and development, 86% of world gross national product, 82% of
world trade, 81% of all domestic investment, 81% of all domestic savings and 68% of all
Foreign Direct Investment (FDI). In contrast, the poorest 20% has only 1% of world GDP and
1% of FDI (UNDP, 1999; Kocherry, 1999).
Economic and developmental impacts
The trade system has negative economic impacts that often appear to be completely
ignored by governments. This is in addition to developmental impacts in poorer countries,
despite the fact that supporters of the WTO promote the benefits that free trade will
bring to developing countries. In particular, focusing on export-led development and
attracting foreign investment has had extremely damaging social and environmental impacts
that have affected large sectors of populations living in developing economies (even those
countries where GDP has risen).
Between 1975 and 1997 (using 1987 US$), GDP per capita in industrialized countries
increased by approximately 50%. Conversely, per capita GDP for least developed countries
fell by approximately 15% (UNDP, 1999). Between 1970 and the mid 1990s, least developed
countries (LDCs) suffered a cumulative decline of 50% in their terms of trade (which means
that the revenue from a given volume of exports can now only purchase half the previous
quantity of imports that could have been bought). LDCs have only 0.3% of world trade even
though they have 10% of the world's population.
Agriculture:
The increasing emphasis on international as opposed to local and
national trade, is having an extremely severe impact in agriculture. Small farmers are
being displaced (and at best taken on as small holders in poor conditions, with unfair
contracts and without compensation) as land is increasingly turned over to production for
export. For example, land under soya production in Brazil has jumped from 200,000 to 2
million hectares in Brazil in the last thirty years. Similarly, Indonesia plans to
increase land under palm oil development from 2.5 million hectares to 7 million (and
possibly even 9 million) hectares. In the US, the average size of a farm tripled between
1935 and 1987 and small farms are now disappearing at a rate of 30,000 per year.
The impact of the Uruguay Round illustrates well the cavalier treatment being meted out to
many poorer countries. At the end of the last Round, WTO members knew that the least
developed countries and net food importing developing countries (NFIDCs) would face
problems because of the WTO's Agreement on Agriculture (because of higher food import
bills, price instabilities and reduced availability of food aid). The FAO calculated that
the food import bill for low-income food deficit countries would be $9.8 billion higher in
2000 compared to 12 years previously (an increase of 55%) and of this increase, $3.6
billion would be as a result of the Uruguay Round (FAO, 1995). More recent studies have
confirmed the deteriorating position for NFIDCs; between 1993/4 and 1997/98, the cost of
cereal imports increased by 47% (FAO, 1998). So, at the conclusion of the Round, member
governments agreed to compensate affected countries. However, this promise has never been
fulfilled.
The WTO's Agreement on Agriculture (AOA), established during the last Uruguay Round of
negotiations, has exacerbated this problem, because it unashamedly pits small farms
against larger, more 'efficient' agribusinesses in both the North and the South. This has
had, and looks set to continue to have, disastrous consequences for existing small-scale
agriculture and rural communities.
TRIPs, farm-saved seed and technology transfer:
The WTO's TRIPs Agreement
also prevents people from farming using seed saved from the previous year's crops.
According to the UN, roughly 1.4 billion people around the world depend on farm-saved seed
for their food security. Under WTO-enforced patent law Monsanto has the right to take
farmers to court if they collect and use seeds from its patented plant varieties. In the
USA, Monsanto has opened more than 475 such 'seed piracy' cases nation-wide. Monsanto's
'terminator gene' technology that makes plants sterile would have helped the company to
enforce its patent rights. However, even if Monsanto keeps its voluntary pledge not to
commercialize this technology, the promotion of patented varieties, backed by legal
action, could pose a significant threat to food security in the developing world.
In addition, the TRIPs Agreement is also a significant barrier to securing technology
transfer for the development of Southern farming or industry.
International competitiveness:
Furthermore, obsession with 'international
competitiveness' - the very basis of trade rules - threatens to increase job insecurity
and undermine attempts to impose costs on national industries through regulation or taxes.
The increasing ease with which companies can relocate means that they are also able to
play countries off against each other, reducing costs and standards everywhere - often
without relocating at all.
Trade sanctions:
Current trade sanctions, as authorized by the WTO
Dispute Settlement Body, are hitting small businesses very hard throughout Europe. The
sectors targeted have nothing to do with the original complaints (about bananas and
hormone-treated beef). For example, several small companies in the UK - including Beamglow
and Arran Aromatics (manufacturing folding cartons and bath products respectively) - have
been seriously affected by sanctions under the 'banana wars'. Turnover is down, jobs may
well have to be lost and the situation is causing anxiety and uncertainty amongst
employees.
In France, also hit by sanctions, farmers have responded furiously and demonstrations have
involved damage to a half-constructed McDonalds restaurant and the imprisonment of several
protesters. Moreover, the leader of the French farmers, José Bové, was released after a
number of weeks to a chorus of sympathetic comments from French Ministers, including the
Prime Minister Lionel Jospin, who is reported to have commented that "
Mr Bové's
cause is just
". The Agriculture Minister, Jean Glavany, who has invited Mr Bové
to attend the Seattle meeting, reportedly said: "
Today, for the first time, we
are in step with public opinion. There's a national consensus about bad food. People
realise we need a different international logic than the economic, social and
environmental dumping of modern agriculture. We have to change the WTO so that it respects
people's cultural choices, does not destroy the world's peasantry and guarantees fair
trade for all
" (Guardian, 1999).
Foreign investment as a contributing factor:
There are increasing
concerns that liberalization of the financial and investment sectors - and the increasing
movement of short-term (often speculative) capital - does little if anything to contribute
to the development of a country. The financial crisis in Asia, for example, precipitated
massive and almost instantaneous capital flight. Not only were growth prospects severely
reduced but there was a human cost as well; bankruptcies, suicides and prices for
essential goods escalated. Spending on social welfare and environmental protection was
slashed as well (see Box 2). Foreign direct investment (FDI), where companies actually
move into or have significant share holdings in companies in other countries, is also
having a marked, negative impact on local economies, small businesses and labor standards
(see
The World Trade System: Winners and Losers,
FOE for further detail
and
case studies)
Box 2: All the World's a loser. The Asian economic collapse - a global crisis with
global effects caused by a global trade system
Cause:
Speculative capital poured into the relatively immature Asian
financial markets to take advantage of the growth in the tiger economies. At the first
signs of economic problems, this capital flowed out again almost overnight. This was made
possible because of deregulated financial markets.
Effects:
It is estimated that over 50 million more people in Asia fell
into poverty In East Asia alone, unemployment increased by 3.3 million. The only growth
economy in the world - the US - had to absorb surplus and cheap production from Asia
causing unemployment and a very large trade deficit. Cheap exports from Thailand also
caused the closure of a German Electronics company in the UK with the loss of 1,100 jobs.
Global economic growth slowed down to about 2%, the lowest level for five years. Export
commodity prices have declined, with severe impacts on African countries dependent on
primary raw materials. It was estimated that Zambia's copper exports would decline by 26%
in 1998.
Source:
UNDP, 1999.
Nevertheless, attracting inward investment is still regarded by many governments as
being unquestionably good for development. The failed Multilateral Agreement on Investment
(MAI), which was being negotiated in the OECD, and now the investment proposals before the
WTO, are being promoted on the basis that, without an attractive (i.e. deregulated)
investment regime, nations will not attract FDI and will not 'develop'. Not only is FDI
not necessarily beneficial, it does not automatically lead to 'development' or increased
employment. Second, there is no link between deregulating foreign investment rules and
attracting FDI.
As Rubens Ricupero, Secretary General of UNCTAD recently commented: "
So far there
is no empirical evidence to suggest that developing countries are necessarily better off
in terms of attracting and retaining quality FDI within the confines of multilaterally
agreed disciplines in investment ..
.
What is evident is that the existence of
investment rules will do little to tackle the problem of distribution of the potential
gains from trade and FDI. Investment tends to concentrate where capital is already
present. Thus, imbalances between and within countries - imbalances that have been sharply
exacerbated as a result of globalization and liberalization - will not be affected by the
absence of investment barriers, as some of its proponents have suggested"
(Ricupero, 1999).
Box 3: Foreign direct investment (FDI)
Some 58 Per cent of FDI is accounted for by cross border mergers and acquisitions.
These are renowned for job losses. Subsequent to one such merger (of BP and Amoco) 7,000
redundancies were announced. Moreover, in 1998 BP-Amoco axed a further 3,000 jobs because,
despite the fact that it still made a massive $4.5 billion profit, this was a drop from
$6.5 billion the previous year. In 1999, BP-Amoco acquired American oil company Arco
resulting in a further 2,000 job losses.
In 1996, China attracted a staggering 40% of all FDI inflows to developing countries.
China is not renowned for its deregulatory approach to investment or any other sector of
its economy. FDI is much more likely to be attracted to countries with a basic
infrastructure and skill base. Deregulating investment is a side issue.
Export-led development and debt as contributing factors:
As a result of
governments' wholesale acceptance of free trade theory as being in the public interest,
the policies of the WTO, the IMF and the World Bank have focused on encouraging countries
to follow a 'liberal free market' agenda. Export-led development - the (re)structuring of
an economy towards producing goods for export markets in order to afford more imports and
stimulate economic growth - is a further fundamental part of current western free market
economic policy.
However, the empirical evidence in support of export-led development is poor. A focus on
export-led development generally pushes countries into cash crops or increased mineral
production with associated, severe negative impacts on the environment and on local
communities. (see
The World Trade System: Winners and Losers
, FOE for further
detail and case studies). In addition, not everyone can develop through the expansion of
their export sector. One of the
"unspoken truisms of international trade"
is that "
...it isn't possible for every nation to export more than it imports.
Where will the surplus go?"
(Kierans and Stewart, 1989).
Box 4: Export led development - the experiences in Cote d'Ivoire, the Philippines, Ghana
and Indonesia
Increasing exports does not necessarily lead to development. Cote d'Ivoire has
increased its exports (from $3 billion in 1980 to $5 billion in 1995). However, Cote
d'Ivoire's GDP has remained stagnant (the same $10 billion in 1995 as it was in 1980) and
their external debt has skyrocketed (from $7 billion to $19 billion over the same period).
Cote d'Ivoire is largely dependent on exports of primary commodities like coffee and cocoa
yet, during the 1980s, the world market prices for these products collapsed. Cote d'Ivoire
had to increase the volume of its exports to earn the same amount of revenue. With an
external debt nearly four times as much as its export revenue, Cote d'Ivoire is not going
to be able to export its way out of the debt crisis and into development.
In the 1960s and 1970s, the Philippines became one of the top four timber exporters in the
world. In the process, 90% of its forests have been lost. The country is now a timber
importer with 18 million impoverished forest dwellers, an external debt of nearly $40
billion in 1995 (up from $17 billion in 1980) and over one third of the population still
living below the poverty line.
Ghana's Economic Recovery Program was launched in 1983 and has seen over US$2 billion of
foreign investment in the mining sector. In the Wassa Fiase area of the country, said to
have the single largest concentration of mines in the African continent, people have
reported being evicted from their homes and farmlands by soldiers making dawn raids to
claim land for use as mining concessions. They are paid little or no compensation, yet
this primarily agrarian community has lost its main source of food and income.
In Indonesia, the operation of the Grasberg copper and gold mine has been described as
representing one the world's worst known cases of environmental degradation and human
rights' abuses. Over 100,000 tonnes of ore tailings are dumped into rivers every day.
Villagers have been forcibly resettled including 2,000 people in 1998 alone.
The issues surrounding export-led development (vis-a-vis the experiences of Cote d'Ivoire,
Ghana, the Philippines and Indonesia - see Box 4) and the role of the IMF and the World
Bank in shaping trade policy confirms that the trade system cannot be divorced from the
other variables such as structural adjustment, the vagaries of capital and commodity
(speculative) markets, and the external debt of countries.
Furthermore, heavy debt burdens on developing countries encourage governments to agree to
export-led development programs and to allow increased exploitation of natural resources
for export in order to generate foreign exchange. The export-led development programs of
the Bretton Woods institutions have reinforced this short-term and damaging approach,
creating a vicious circle in which world markets are oversupplied, commodity prices
tumble, and poverty-stricken countries are forced to increase exports. Thus rich,
importing countries have ready access to cheap supplies of natural resources and have, in
fact, incurred an ecological debt to the countries of the South which far outweighs the
official financial debt of the South.
In addition, heavily indebted countries are often forced to slash environmental and social
spending, making it difficult for governments to pursue sustainability objectives.
Environmental and health impacts
The current trade system has a wide range of impacts on the environment and health,
including increasing resource use and pollution, and conflict with international, national
and local laws and practices that promote sustainability and protect the environment (see
The
World Trade System: Winners and Losers
, FOE for further detail and case studies).
Resource use:
The trade system ignores the fact that increasing consumption is
depleting natural capital (ie, the environment) on which the global economy is based.
Increased trade also means more transport and thus more pollution. Since the economic
system does not recognize limits to global resources or the pollution-absorbing capacity
of the ecosystems, it is inherently and undeniably unsustainable.
UNEP has confirmed that tropical forests and marine fisheries have been seriously
over-exploited and that globalization is also leading to species invasion. The global
marine catch has nearly doubled between 1975 and 1995. Over-fishing for export-led
development (see above) now means that 60% of the world's ocean fisheries are at or near
the point at which yields start to decline (UNEP, 1999).
Similarly, 56 million hectares of forest was lost globally between 1990 and 1995. Demand
for wood continues to increase; the global production of wood products is now 36% higher
than in 1970. The recent analysis of the conservation status of 10,000 tree species (out
of an estimated world total of 100,000) found that over half were globally threatened as
defined by the International Union for the Conservation of Nature and Natural Resources
(IUCN) (UNEP, 1999). The increase in global trade of wood products has stimulated the
invasion of alien species often with dramatic ecological impacts; the US has recently
restricted imports of packing materials due to the high occurrences of the destructive
Asian long horned beetle. At the same time, timber certification designed to promote the
production and consumption of sustainably produced timber could be constrained by WTO
rules.
At the same time, road and air transport are major contributors to air pollution and
climate change. Every year, nearly 3 million people die from air pollution globally. It
has been estimated that truck transportation in North America is likely to increase seven
fold between 1995 and 2005 as a result of the North American Free Trade Agreement (NAFTA)
a rate of increase likely to far exceed any improvement in the pollution efficiency of
truck engines. It has been suggested that the proposed Trans European Network will
threaten the social integrity of 1,000 small villages throughout Europe.
Inequitable consumption:
Global consumption (as measured by how much
money is spent) has increased on average 3% annually since 1997, although this figure
hides significant imbalances. Consumption in Africa is now 20% lower than it was in 1980.
Basic needs - such as adequate nutrition, literacy and information - are not being
achieved. For example in Sub-Saharan Africa, between 1970 and 1995, average per capita
consumption of paper actually decreased from 2.2 to 1.6 kilograms per annum whilst calorie
intake in 1995 was still below the daily minimum requirement of 2,300. By comparison,
average per capita consumption of paper in industrial nations increased from 45.7 to 78.2
kilograms per annum over the same period.
Conflicting with international rules to protect the environment:
In spite
of claims that no multilateral environmental agreements have ever been challenged in the
WTO, WTO rules have already had a marked effect on some international agreements and
ongoing negotiations designed to protect the environment and promote development. These
include the Biosafety Protocol, intended to regulate the transfer and handling of
genetically modified (GM) organisms, which collapsed in February 1998, because of the
objections of a small group of GM crop exporting nations led by the United States. Other
multilateral environmental agreements (MEAs) that have trade components - like the
Convention on International Trade in Endangered Species (CITES), the Montreal Protocol on
Substances that Deplete the Ozone Layer and the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes - would also appear to remain vulnerable to
challenge through the WTO.
Conflicting with national rules to protect the environment:
The WTO's
dispute settlement system has also been used several times to overturn national
legislation designed to promote environmental protection and health. Whilst the details of
each case differ, an overall pattern has emerged -
all
decisions to date have
favored the 'trade' interest over environment and health concerns. Disputes have
overturned or imposed sanctions on national legislation in various countries concerning,
for example, imports of dirty oil, hormone-treated beef, and shrimp caught without the use
of devices intended to protect turtles. The imposition of punitive sanctions is fuelling
public opposition to the WTO in countries such as France, the UK and the US (see
The
World Trade System: Winners and Losers
, FOE for further detail and case studies).
Food safety:
One particular WTO agreement, the Sanitary and Phytosanitary
(SPS) Agreement has already been invoked by the WTO when ruling on food issues, most
notably the EU ban on the imports of hormone-treated beef due to consumer and health
concerns (see disputes, above). The SPS requires that appropriate risk assessment,
involving an analysis of the available scientific evidence, must be undertaken before
action (ie a import ban) can be taken. If the risks are unknown, and thus little or no
scientific evidence exists, the precautionary principle - which the EU argued in the
beef-hormone case - cannot be used despite the fact that the principle is now widely
recognized in international law.
Trade, biotechnology and eco-labels:
It is fully expected that
forthcoming negotiations will focus on biotechnology. Various countries - at the behest of
their biotechnology industries - want the WTO to consider rules and regulations,
particularly in relation to the SPS agreement, that would prevent national legislation
restricting or discouraging the import of biotechnological products, and for challenges in
the WTO to be made easier. It is also possible that rules governing the use of eco-labels
will be reviewed in favor of trade concerns (for further discussion of both see 'new
issues' below).
THE WORLD TRADE ORGANIZATION - PAST, PRESENT AND FUTURE
The last Uruguay Round of negotiations led to the formation of the WTO. Whereas the GATT
was an agreement with 'contracting parties' and served as a negotiating forum, the WTO is
a recognized international body with 'members', which is responsible for monitoring and
enforcing the World Trade Agreement (WTA) which sets out the legal basis for trade policy.
The Uruguay Round was the longest, most tortuous and most controversial set of
negotiations in the GATT's history. The Uruguay Round was concluded in 1994 and the WTO
formed in 1995. By 1999, the WTO's membership stood at 134.
The WTO is responsible for administering these agreements and, according to the WTO
Secretariat, it has three main objectives;
"...to help trade flow as freely as
possible, to achieve further liberalization gradually through negotiation, and to set up
an impartial means of settling disputes"
(WTO, undated)
.
Principles
In terms of helping trade flow as freely as possible, the WTA is founded on two
fundamental principles, that of Most Favored Nation status (MFN) and National Treatment
(NT), both of which are designed to act against trade discrimination. There is also a set
of further 'annexed' agreements that deal with potential trade barriers in more specific
aspects of trade policy.
Most Favored Nation Status (MFN)
Although the phrase 'most favored nation status' suggests some kind of special treatment for one particular country, in the WTA it means non-discrimination - treating all countries equally. Each member is bound to treat all the other members equally as 'most-favored' trading partners. If a country improves the benefits that it gives to one trading partner, it has to give the same 'best' treatment to all the other WTO members so that they all remain 'most-favored'. There are a few exceptions allowed (such as the Generalized System of Preferences or GSP) but, in general terms, MFN is intended to ensure that each WTO member treats other members equally.
National Treatment (NT)
National treatment means that imported and locally-produced goods should be treated equally. The same applies to foreign and domestic services, and to foreign and local trademarks, copyrights and patents. National treatment only applies once a product, service or item of intellectual property has entered a market. This means that charging customs duty (tariff) on an import is not a violation of national treatment even when locally-produced products are not charged an equivalent tax. However, whilst such tariffs are permitted, members negotiate their reduction and 'bind' them at the WTO. After tariffs have been reduced or bound, raising them unilaterally is prohibited, other than in exceptional circumstances such as a balance of payments crisis.
Content, structure and processes
Content - the annexed agreements
As well as the main text of the GATT 1947, the WTA comprizes a number of further 'annexed agreements'. The most basic function of these agreements is to incorporate the principles of national treatment and most favored nation status into other, more specific, areas of trade policy. These include:
- Agreement on Technical Barriers to Trade (TBT)
- Agreement on Sanitary and Phytosanitary Measures (SPS)
- Agreement on Trade-Related Investment Measures (TRIMs)
- Agreement on Trade-Related Intellectual Property Rights (TRIPs)
- Agreement on Subsidies and Countervailing Measures (SCM)
- General Agreement on Trade in Services (GATS)
- Agreement on Agriculture (AOA)
- Agreement on Textiles and Clothing (ATC)
- Agreement on Government Procurement (GPA)
The last of these agreements, the GPA, is currently a 'plurilateral' or voluntary
agreement, signed up to by some, rather than all the members.
Structure
The WTO is an intergovernmental organization with a secretariat based in Geneva. The
Director General is appointed by the members (governments) while the rest of the staff are
employed as in any other organization. Its highest decision-making body is the Ministerial
Meeting which takes place approximately every two years. Within the WTO is a General
Council made up of member representatives that meets periodically to discuss issues that
can be referred to the Ministerial Meetings.
Processes - trade negotiations and monitoring
The WTO acts as an international forum for trade negotiations. This takes place mainly
through the General Council of the WTO, through Ministerial Conferences and through
periodic 'rounds' of multilateral trade negotiations. The WTO also has a variety of
committees and councils at which particular aspects of trade policy are discussed and
recommendations to the General Council are made.
The WTO believes that those involved in trade have to know as much as possible about the
conditions of trade. It therefore stipulates that regulations and policies should be
transparent. The WTO tries to achieve this transparency in two ways. Firstly, governments
have to inform the WTO and fellow members of specific measures, policies or laws through
regular 'notifications'. Secondly, the WTO conducts regular reviews of individual
countries' trade policies and compliance with WTO rules - the trade policy review
mechanism.
Dispute settlement
Perhaps the most important function of the WTO is its dispute settlement role. The
rules are administered by the Dispute Settlement Body (DSB). In the event of a dispute
between two Members, the DSB initially attempts to solve the problem through consultation,
mediation and conciliation. If a settlement has not been reached after 60 days a Dispute
Settlement Panel (DSP) can be requested. A DSP then holds hearings and produces a panel
report which goes to the DSB for adoption unless an appeal is lodged, in which case the
Appellate Body (AB) produces a further (and final) report for the DSB.
One of the critical differences between the GATT and the new WTO is that no one country
can hold up a dispute panel decision in the WTO. Thus the WTO is much more powerful than
the old GATT.
The Third Ministerial Conference, Seattle
At the end of November 1999, the heads of state of WTO members will meet in Seattle, USA
for the next major WTO Ministerial Conference. A number of these world leaders are
planning to initiate another 'Round' of trade negotiations. Either as part of such a new
'Round' of negotiations, or separately, they will also agree to discussions on the WTO's
already agreed 'built-in-agenda' - a range of reviews of, and further negotiations on,
existing trade agreements.
The WTO's 'built-in agenda'
There are a number of WTO reviews and negotiations due in 1999 and subsequent years that will take place whether or not there is a 'Millennium Round'. Governments signed up to these commitments during the last Uruguay Round of trade negotiations and are unlikely to back down now. This 'built-in' agenda includes reviews of:
- the Agreement on Trade-Related Intellectual Property Rights (TRIPs);
- the Agreement on Trade-Related Investment Measures (TRIMs);
- the Agreement on Technical Barriers to Trade (TBT);
- the Dispute Settlement Understanding (DSU);
and further liberalization negotiations within:
- the Agreement on Agriculture (AOA); and
- the General Agreement on Trade in Services (GATS).
All of these reviews/negotiations could have outcomes that impact negatively on the
environment or society, in both the North and the South. For example, TRIPs impacts on
peoples' ownership of, and access to, food and seeds and has the potential to
significantly reduce genetic diversity; TRIMs restricts governmental control on inward
investment; and the TBT Agreement deals with eco-labeling. It is by no means a foregone
conclusion that discussions on 'built-in-agenda' issues will lead to further
liberalization. It is in fact possible that a review of the TRIPs Agreement, for example,
could result in the rolling back of some of its rules. However, the big trading powers
like the EU and USA will be using the 'built-in-agenda' to pursue their own self interests
and increase market access for their TNCs so further liberalization is on the cards.
Agriculture:
In agriculture, the US and the Cairns group of agricultural
exporters plans to target agricultural subsidies in Europe, which is likely to trigger
intense opposition amongst European farming and rural communities. (The Cairns group
consists of Australia, Canada, New Zealand and a number of developing countries including
Argentina, Brazil, Malaysia and Thailand, all of whom operate without agricultural
subsidies). In addition, there are bound to be disagreements about whether agricultural
trade should be completely liberalized or whether exemptions for food security or
environmental purposes are permissible (see
Food and Food Security: The Implications
of Current Trade Negotiations,
FOE for further details).
Services:
As far as services negotiations are concerned, it is not yet
clear which sectors governments will decide to include. There has been a suggestion from
the United States that all service sectors should be considered. This could have extensive
environmental and developmental implications, with areas such as health, education,
tourism, and energy and water services being liberalised and brought under the umbrella of
the WTO.
Intellectual Property Rights (IPRs):
The Agreement on Trade-Related
Intellectual Property Rights (TRIPs) impacts on peoples' ownership of and access to food
and seeds and has the potential to significantly reduce genetic diversity. It permits
northern TNCs to claim traditional plant varieties or plant uses as 'inventions' that must
be respected the world over. TRIPs was first brought into the GATT in the Uruguay Round
and implemented in a way that favored large Northern corporations. TRIPs and the use of
patents expropriates knowledge from farmers and indigenous peoples in developing countries
who, in many cases, have been cultivators, researchers and protectors of plants for
thousands of years. This practice is commonly referred to as 'biopiracy'. Biopiracy is not
the result of the absence of IPR systems in the developing world but a direct consequence
of the imposition of western style IPR systems (based on the US patent regime) through the
TRIPs Agreement.
Technical Barriers to Trade (TBT):
The Technical Barriers to Trade (TBT)
Agreement covers any procedures or standards that might be deemed to interfere with
international trade. This includes packaging, marking and labeling standards, and thus
eco-labels. The Confederation of British Industry urges WTO members to establish that TBT
rules apply to eco-labeling and to clarify the extent to which private eco-labeling rules
should be covered by the agreement (which would bring well-established initiatives such as
the Forest Stewardship Council scheme under the remit of the WTO). Similarly, in the run
up to Seattle, the International Chamber of Commerce has lobbied against eco-labeling
requirements, arguing that they hinder free trade.
Investment:
Investment may be dealt with under the built-in agenda
and
as a new issue. So, even if investment is rejected as a new issue it is still
possible that investment policy may be dealt with under the built-in agenda, where it
appears as the Agreement on Trade-Related Investment Measures (TRIMs). The TRIMs Agreement
bars countries from imposing several kinds of performance requirements (conditions) on
foreign investors. Under TRIMs, governments can not require corporations to export a
minimum percentage of finished products, or to use a minimum percentage of
domestically-produced components.
TRIMs obligations start applying to developing countries in 1999/2000. Already, countries
such as India and the Philippines have sought additional waivers, arguing that domestic
content requirements are important development tools.
Friends of the Earth is concerned that this review could be used to introduce an agreement
similar to the Multilateral Agreement on Investment into the WTO by a less obvious route,
particularly if investment
per se
is rejected as a 'new issue' (see below) (see
also
The WTO and Finance: Possible Investment Negotiations in the WTO,
FOE for
further details).
Sanitary and Phytosanitary Agreement (SPS):
The SPS deals with food
safety and standards and permits the WTO to determine what international and potentially
even domestic measures are necessary to protect human, animal or plant life or health.
Members are 'encouraged' to use international standards where they exist, although they
are allowed to maintain higher domestic standards if there is 'scientific justification'
or as a consequence of an 'appropriate risk assessment'.
The SPS has already been used by the WTO in rulings on food issues, especially the
European Union's ban on the imports of hormone-treated beef (imposed due to consumer and
health concerns). The SPS requires that appropriate risk assessment, involving an analysis
of the available scientific evidence, must be undertaken before action (ie a import ban)
can be taken. If the risks are unknown, and thus little or no scientific evidence exists,
the precautionary principle - which the EU argued in the beef-hormone case - cannot be
used despite the fact that the principle is now widely recognized in international law.
The WTO Appellate Body ruled that the precautionary principle cannot be used to override
the risk assessment clauses in the SPS Agreement. Therefore, at best a limited
precautionary approach can be adopted within the scope of the SPS; 'provisional measures'
can be adopted where information is not sufficient provided that the additional scientific
evidence for a more objective risk assessment is obtained in a reasonable period of time
(Article 5.7).
The beef-hormones case is being seen as a 'dry-run' for a potential dispute over
genetically modified organisms (GMOs) where the same issues of scientific uncertainty,
corporate interest and public taste would once again arise.
Whilst the US has affirmed five basic principles behinds its policy on biotechnology -
an arm's length regulatory process, consumer acceptance; fairness to farmers; corporate
citizenship; and fair and open trade (Glickman, 1999a) - it is clear that its (unofficial)
position is that it will not let other nations hide behind unfounded scientific claims to
block further commerce in agriculture (Glickman, 1999b). Central to this position is the
SPS Agreement. US Industry lobby groups are also firmly behind this position. The US
believes that biotechnology and the SPS will be the most difficult stumbling blocks in the
next round. The US (with Canada) opposed at the recent G8 the setting up of a Global High
Scientific Council for Food Safety arguing that food safety should be negotiated within
the WTO. It now appears likely that the US will not seek to address biotechnology within
the SPS Agreement; they are keen to preserve the 'science-based focus' of the Agreement
and thus limit further application of the precautionary principle.
A new 'Millennium Round'?
The proposed 'Millennium Round' is an attempt to have another comprehensive round of trade
negotiations which would add new issues and negotiations to the 'built-in agenda'.
'Comprehensive Round' is government-speak for an integrated negotiation across a number of
sectors (e.g. agriculture, investment etc) which permits countries to make concessions in
certain sectors and gain benefits in others.
The 'Millennium Round' was initiated and is being promoted by the EU, although other
countries (eg Japan, Canada and some Latin American countries) are also broadly
supportive. The USA is more reserved in its support for a comprehensive new Round due to
domestic political pressure and the difficulty of getting 'fast-track' negotiating rights
for the President and his delegation.
Nevertheless, the main reason for having a new Round of negotiations is to push the
liberalization agenda of the rich northern countries. This includes the further reduction
of industrial tariffs (border taxes on imports) plus liberalization (i.e. deregulation) in
a number of other 'new' areas.
These 'new issues' could include:
- Investment
- Government Procurement
- Competition Policy
- Electronic Commerce
- Trade Facilitation
Also up for discussion are two non liberalization-related 'new issues':
- Environment
- Labor Rights
Attempts are also being made to reach sectoral agreements on various products - forests
being one - at the Conference.
Investment
Investment is obviously a contentious issue after the demise of the Multilateral
Agreement on Investment. Investment discussions are likely to focus on stripping away the
controls that countries place on inward investment (like joint venture requirements)
rather than allowing the kind of latitude needed to pursue a range of goals (e.g.
environmental, social or developmental).
The financial crisis of the past two years provides clear evidence that sustainable
development is impossible in a climate of boom and bust economic instability. Economic
liberalization and speculative investment flows set the stage for crises in which poverty
has increased and government spending on social welfare programs and environmental
protection has been slashed. In this context it is disturbing that some Northern
governments are seeking to negotiate an investment liberalization agreement in the WTO.
Such an agreement could further interfere with the development of regional economies;
reduce the responsibilities of investors at the local level; and further reduce the
South's bargaining power to obtain developmental benefits from inward investment.
Furthermore, deregulating foreign investment is not necessarily the key to attracting
foreign direct investment (FDI). China, for example, attracted a staggering 40% of all FDI
inflows to developing countries in 1996. China is not renowned for its deregulatory
approach to investment. FDI is much more likely to be attracted to countries with a large
market, basic infrastructure and good skills base. Deregulating investment is a side issue
as far as attracting investment is concerned.
Trade flows are currently valued at around $7 trillion annually, whilst foreign investment
generates $9.5 trillion in annual sales by overseas affiliates of multinational
corporations. Thus an agreement on investment would have the affect of substantially
increasing the power of the WTO, cementing its transformation from a body dealing mainly
with trade to an institution with oversight of many economic, social and environmental
decisions. Friends of the Earth believes this would be highly inappropriate given the
WTO's track record in terms on the environment and development. Investment should not be
addressed as a new issue.
It is vital to regulate international investment, but the WTO is not the appropriate
forum. National governments should do more to ensure that inward and outward investment
promote sustainable development. In addition, governments should jointly initiate
negotiations within the more open forum of the United Nations for a binding code of
conduct. Such binding rules should require investors to protect the environment and
respect the rights and interests of local communities.
Investment plans at the WTO have been influenced by the fate of a parallel investment
process at the Organization for Economic Co-operation and Development (OECD), a grouping
of 29 of the world's industrialized nations. In 1995 the OECD started negotiating an
investment liberalization agreement called the Multilateral Agreement on Investment (MAI).
MAI supporters, especially the US, believed that the OECD could produce a stronger
investment agreement (in terms of protecting corporations) than was possible at the WTO.
MAI negotiations ceased in 1998 due to disagreements between governments and pressure from
civil society groups. The end of the MAI gave proponents of investment negotiations at the
WTO, such as the European Union, Japan, and Canada, new energy.
Currently, the strongest proponents of WTO investment negotiations include the European
Union, Japan, Canada, Switzerland, Hong Kong, and Korea. Switzerland has proposed broad
negotiations that could lead to an agreement like the MAI. The other governments that have
proposed negotiations have suggested less ambitious objectives. Less ambitious in the
sense that they would be 'bottom up' (countries commit some sectors for liberalization)
rather than 'top down' like the MAI (where liberalization covers all sectors except where
a government takes a specific reservation.) Most current proposals would also exclude
investor-state dispute resolution.
However, investment negotiations are opposed by a number of developing countries,
including India, Egypt, and many African countries. In the middle are many Latin American
and Asian Countries, which may be willing to negotiate on investment but have not
prioritized it. The US is so far undecided. The US may prefer to negotiate limited rules
on transparency, and to expand the TRIMs Agreement to outlaw more kinds of performance
requirements. However, the US could agree to broader negotiations on investment as part of
a deal over the negotiating agenda (see
The WTO and Finance: Possible Investment
Negotiations in the WTO,
FOE for further detail).
Competition policy
Friends of the Earth is concerned that any new negotiations on competition will
actually focus on 'fair' market access for foreign firms, rather than beginning to control
the current spate of mergers and acquisitions which are concentrating and consolidating
power within transnational corporations. In other words, competition could simply be
another means of introducing investment-related issues into the WTO, with consequences
that would be likely to benefit rich Northern TNCs rather than enterprises in the South
and consumers world-wide.
'Competition policy' may turn out to be a deceptive term for the proposed negotiations.
Competition policy for the developing world means international rules to stop the
mega-merger-mania that has recently been sweeping the globe and placing larger amounts of
trade into the hands of a smaller and smaller number of giant transnational corporations.
This they rightly see as anti-competitive. The industrialized countries on the other hand
see competition policy discussions focusing on the internal rules and regulations (e.g.
investment rules, again) of the developing world. In other words, they see it as a market
access issue for their TNCs. If competition policy is discussed as part of a new round of
negotiations, it is highly likely that the latter interpretation will win-out.
The process of trade liberalization so far, has facilitated what is in our view 'unfair
competition', pitting local producers against TNCs in areas where the capacity to pay for
advertisers, marketers, lawyers, lobbyists and other such services determines success. In
other words, 'liberalization' has in reality facilitated the extension of monopolistic
economic environments. Thus rules to rein in the power of monopolistic TNCs, and ensure
truly fair competition would, in theory, be desirable.
Government procurement
There are two moves underway regarding government procurement. The first is the
expansion of the plurilateral Government Procurement Agreement that is currently only
signed by less than 30 WTO members. Secondly, the US wants a multilateral Agreement on
transparency in Government Procurement to be signed in Seattle. This could open the door
for further extension of the Agreement as a later date.
Government procurement is particularly significant for some of the poorest developing
countries, where the government is the main economic agent (a significant proportion of
GDP is being handled via government contracts). Developing countries are suspicious of any
discussions that could lead to deregulation and the prohibition of their right to control
government procurement. However, the industrialized countries are keen to gain market
access for industry in the developing world by forcing government procurement decisions to
be 'non-discriminatory' and subject to the WTO's binding dispute resolution system.
Government procurement could also be an issue of concern for local authorities in many
different countries. For example, binding WTO rules on procurement could discourage
officials from promoting 'green procurement' that favors environmentally beneficial
products (such as certified wood from sustainable sources, minimum recycled content in
paper or energy efficient vehicles). Whilst it is difficult to predict the precise nature
of investment liberalization or government procurement negotiations, should they go ahead,
there is certainly a possibility that any such negotiations could eventually undermine
local or national government mechanisms to protect local economies and the environment,
including procurement conditions. At worst, there could be a risk of local authorities
being drawn into international legal disputes and massive compensation payments, which
would undoubtedly see off all but the bravest of legislators.
Electronic commerce
Similarly, electronic commerce negotiations will focus on duty-free market access for
products sold via the Internet, favoring the high-tech industrial North but disadvantaging
importing countries (who won't be able to raise revenue / protective taxes on the back of
imports). Also, if e-commerce is made duty-free this will be the first time a mode of
trade exchange has been deemed to deserve special rules. There are no particular rules for
goods exchanged via road, rail, sea or air.
Trade facilitation
Trade facilitation negotiations are intended to dismantle the bureaucratic hurdles
importers have to jump. Whilst this sounds reasonable, from the environmental perspective,
such negotiations could be significant if they focus on removing 'bureaucratic' health and
environmental regulations enforced at borders.
Environment and labor rights
These are being pushed strongly by the US (labor rights) and the EU (environment). The
EU has also commissioned a high-profile Sustainability Impact Assessment.
However, there is every possibility that 'environment' will end up in a bin. It will face
staunch opposition from a number of developing countries and it could simply be used by
the EU as a negotiating 'chip' to be discarded when convenient. Should 'environment' make
it into a new 'Millennium Round' it can be expected to focus on multilateral environmental
agreements; the relevance of processing and production methods; eco-labeling; and the
precautionary principle. There would be no review of fundamental conflicts and no
guarantee that negotiations would improve the status of the 'environment'. On the
contrary, any WTO negotiations on environmental issues could be used to reinforce the
primacy of global trade rules.
Current negotiations to include labor as an issue are in flux at present. Labor's
champion, the United States has proposed establishing a working group on labor issues. The
EU favors increased co-operation between the WTO and the International Labor Organization.
Both the US and the EU are torn between avoiding a battle with developing countries over
the inclusion of what they see as a protectionist 'social clause' in the WTO yet needing
to give the impression of listening to their trades unions
A forest-products (and other sectoral) agreements
It has been reported that, in order to demonstrate a 'win' to the US Congress before
the vote on whether to give the President 'fast-track' rights for WTO negotiations, the US
administration is seeking a pre-Seattle agreement on forest products liberalization. The
US Government is therefore in the process of pushing sectoral negotiations to reduce
tariffs on forest-products to zero and discuss non-tariff barriers like certification.
This is a potential threat to schemes like the Forest Stewardship Council (FSC) if
discussions on non-tariff barriers encompass eco-labeling (a long-standing target of the
US forest products industry). There is also the possibility that the eradication of
tariffs may lead to increased wood consumption and the prohibition of new government
tariff schemes to promote more sustainable forest management.
Forests are under severe pressures world wide. Just over one fifth of the world's original
forests remains in large, relatively undisturbed ecosystems. These large boreal and
tropical forests, along with remaining forest lands in other countries, are vital sites of
biological diversity. Many indigenous peoples also depend on intact forests for their
traditional livelihoods. Trade-related activities such as logging, mining, and large-scale
energy and infrastructure projects are the leading threats to these frontier forests. Many
of these projects are effectively subsidized by export credit agencies in the North in the
interests of Northern-based TNCs' exports of machinery, technology and in some cases,
arms.
Trade and investment liberalization in the forest sector can also increase deforestation.
For example, current US proposals on eliminating tariffs on wood and paper products in the
WTO have been predicted by government studies to increase timber harvests in a number of
countries, for example by 4.4% in bio-diversity rich Indonesia by 2010. Trade rules can
also interfere with forest protection policies such as preferences for local ownership;
labeling of sustainably cut timber; and controls on the introduction of invasive species
that threaten forests.
Even if a deal is not struck in Seattle, the inclusion of forests in a new and
comprehensive round would be a serious problem for environmental groups, since it is much
harder to persuade governments to drop an issue if they are under pressure to conclude an
entire round of trade negotiations without rocking the boat (see
Forests: The
Implications of Current Trade Negotiations,
FOE for further detail).
Biotechnology and other issues
It is a fair bet that trade in biotechnological products will be on the WTO's agenda following:
- this year's collapse of the Biosafety Protocol, which was intended to regulate the handling and transfer of genetically-modified organisms (or 'living modified organisms', in the view of those governments that scuppered the negotiations);
- ongoing transatlantic hostility over trade in bananas, hormone-treated beef and genetically-modified organisms and products; and
- Canada's recent October 1999 proposal to set up a WTO working group on trade and biotechnology (indeed, the revised draft text of the Ministerial Declaration for Seattle includes wording to this effect).
It is possible that talks on biotechnology could crop up in any one of a number of the proposed WTO negotiations, including reviews of the TBT and SPS Agreements (see built-in agenda issues, above); the review of the TRIPs agreement; as part of agriculture; or separately, as a new, 'stand-alone' issue. However, latest indications are that the US will seek to address the issue within the agricultural negotiations (Refer to: Food and Food Security: The Implications of Current Trade Negotiations, FOE for further details).
CORPORATE INFLUENCE
Whilst member governments make up the composition of the WTO, TNCs play a very influential
role in what is negotiated and decided.
Box 5: Transnational Corporations
The total income of the 10 largest TNCs is now greater than that of the world's poorest 100 countries, and many TNCs have greater sales than the GDP of some developed countries. For example, General Motors is more powerful in pure economic terms than Thailand or Norway (UNDP, 1999).
At the international level there are two very important lobby groups; the International Chamber of Commerce (ICC) and the Transatlantic Business Dialogue (TABD).
Box 6: Chiquita
Within days of Chiquita - a major US banana multinational - making a $500,000 donation
to the Democratic Party in the USA, the US Government lodged a complaint against the EU's
banana import regime that favored Caribbean banana producers. Chiquita's bananas are
mainly from Latin America.
The International Chamber of Commerce
The ICC calls itself the world business organization for promoting trade and
investment. It was one of the main proponents of the MAI and has over 7,000 members
including most of the world's largest TNCs. It has access to high-level decision makers
and influence within the WTO (Arthur Dunkel, former Director General of the GATT is chair
of the ICC Commission on International Trade and Investment, is a registered WTO dispute
panelist and on the Board of Nestle). In the run up to Seattle, ICC members have met with
for example the German Chancellor, pushing for the new issues proposed by the Commission
(investment, government procurement, trade facilitation) and making sure that multilateral
environmental agreements and eco-labeling do not hinder free trade (CEO, 1999: Stichele,
1998).
The Transatlantic Business Dialogue
The TABD involves over 100 corporate leaders advising both the highest levels of the EU
and US administration on trade policy and on the companies' positions regarding the WTO
negotiations. Their priorities for WTO mirror the EU position, namely a comprehensive
round including new issues such as investment. TABD conferences bring together the
corporate leaders and the WTO Director General and the Commission's Commissioner for
Trade. The EU and US co-chairs to the TABD participated at the US-EU Summit in May 1997.
The structure of the TABD is broken down into 'issue groups' (for example, the contact
point within the TABD for the EU and US on the agriculture and biotechnology issue group
are representatives from Unilever and Monsanto respectively). The TABD and the European
Commission have recently made the dialogue between the two even more formal; for each TABD
issue group, there is a designated high-level person in the European Commission to act as
a contact point, no doubt to discuss trade policy and negotiations.
US advisory committees
In the US, the private sector plays a pivotal role in trade negotiations through the mechanism of advisory committees. According to the USTR, this process has been extremely successful during the Uruguay Round and the Asia-Pacific Economic Co-operation (APEC) initiatives. The primary objectives of the private sector advisory system are:
- to consult with the US government on negotiation of trade agreements;
- to assist in monitoring compliance with the agreements; and
- to provide input and advice on the development of US trade policy.
At one level is the Advisory Committee on Trade Policy and Negotiations (ACTPN),
appointed by the President. The committee has about 45 members from representative
elements of the US economy with international trade interests. Its mandate is to provide
overall policy guidance on trade issues. This committee has the ear of the President;
around 19 members belong to TNCs such as Monsanto, UAL Corporation and IBM. At the next
level are the policy advisory committees to the USTR in the specific areas of industry,
agriculture, labor, defense, services, investment, environment and intergovernmental
affairs. There are also sectoral advisory committees - so-called Industry Sector Advisory
Committees (ISAC) for Trade Policy Matters, which are composed of experts from their
respective fields. All these committees advise the highest positions in the USTR including
Charlene Barshefsky.
Other corporate lobby groups
In the US, corporate lobby groups are also very influential. For example, Biotechnology
Industry Organization (BIO); or the Intellectual Property Committee which brought together
13 major US corporations (including Monsanto, DuPont and General Motors) and was
instrumental in getting TRIPs onto the GATT agenda. The Transatlantic Business Dialogue
(TABD) is also influential (see below). Many corporate lobby groups sit on the advisory
committees.
In the EU, the process is no less formal. Many play an important role but a number appear
to have greater influence on trade talks with the Commission.
The Investment Network (IN) is comprised of such companies as Fiat, ICI, Daimler,
Carlsberg, BP Amoco, Rhone-Poulenc and some other 50 corporations which was established to
identify the priorities for these corporations in any WTO investment agreement. The
Network had its first meeting with the Commission in late 1998 to establish "
consultation
and partnership with European business interests over investment issues
" (CEO,
1999).
The European Services Network (like the IN) was established on the encouragement of the
European Commission "
to advise EU negotiators on the key barriers and countries
on which they should focus on in these negotiations
[on the General Agreement on
Trade in Services]" (CEO, 1999). The impetus behind the ESN was clearly the pivotal
role that companies played in another network - the Financial Leaders Group (FLG) - which
assisted and worked closely with the Commission on the Agreement on Financial Services.
Not surprisingly, the (co)-chairman of the FLG and the ESN is the same person - Andrew
Buxton, Head of UK based Barclays Bank. Clearly, their influence and power over trade
talks within the Commission is considerable. Leon Brittan confirmed: "
You
[the
ESN]
are the driving force of the consultation system which we have established; my
door is open for any matters of concern
" (CEO, 1999).
The European Roundtable of Industrialists (ERT) has pushed for investment liberalization
for a long time. Its members include the largest TNCs in Europe - including BP Amoco,
Renault, Philips, BT, Unilever, Rhone-Poulenc, Fiat, ICI, Royal Dutch Shell, Bayer and
Carlsberg. Its main objective has been to get investment into the WTO. To this end, the
ERT has established a working group on foreign economic relations. At its head is Peter
Sutherland, former GATT Director General and now chairman of BP Amoco. The ERT has already
indicated its willingness to work with the Commission and is sending a delegation to
Seattle to assist the Commission in the preparation of investment in the WTO (CEO, 1999).
Other influential lobby groups in the EU include the Union of Industrial and Employers
Confederations of Europe (UNICE) which has regular meetings and contacts with the
Commission.
Again, formal links exist in Japan between companies and government officials. This is
conducted through Keidanren (the Japan Federation of Economic Organizations representing
the business community). They have various Committees such as Trade and Investment (in
1998, the chair was the CEO of Mitsubishi), the Committee on Environment and Safety (in
1998, the chair was the Chairman of Nissan) and Comprehensive strategy (in 1998, the chair
was the Chairman of Toyota).
Friends of the Earth is particularly concerned with the unbalanced involvement of industry
in the creation of trade policy. Governments give too much weight to industry concerns,
and too little to more representative sectors of civil society. Public interests
organizations and concerned individuals need a much greater voice in domestic trade policy
development and at the WTO.
FRIENDS OF THE EARTH INTERNATIONAL'S RECOMMENDATIONS
There is a pressing need to change the rules governing international trade and investment
to ensure that they properly reflect society's basic requirements and democratic
procedures. Trade and foreign investment are not and cannot be goals in themselves. Rather
they are parts of a greater system, which, in order to be effective, needs also to be
equitable, secure, sustainable and transparent.
In practice, this means that trade objectives, structures and rules need to be reviewed
and revised forthwith. Governments meeting in Seattle should commit themselves to such a
review, rather than trying to expand the power of an institution that is fundamentally at
odds with society's requirements. For this reason, Friends of the Earth International
(FOEI) and its 59 national groups oppose a comprehensive round of WTO trade and investment
liberalization negotiations and are calling for fundamental changes to the trading system.
The 1999 WTO Ministerial presents an opportunity for governments to stake out a new
approach to trade. FOEI therefore calls on governments to:
1. Cease negotiations to initiate a comprehensive round of negotiations which
would bring new issues into the WTO.
The time has come to review and revise trade rules, in order to develop a system of
commerce that benefits people, their livelihoods and the resources upon which they
ultimately rely. A number of developing countries are still struggling to implement the
results of the last Uruguay Round of negotiations; and some of them have publicly stated
that:
"A new comprehensive round would entail an unsustainable burden and should
not include new issues"
(SEATINI, 1999).
Such a review should address the WTO's impact on development, democracy, environmental
sustainability, health, human rights, labor rights and the lives of women and children. It
should also assess the impact of the WTO's refusal to adopt a precautionary approach; and
reconsider the impact of a system which undermines economic self-determination by
prioritizing international trade over and above local and national trade.
2. Agree to a moratorium on WTO challenges to laws designed to promote and protect
development, environment and health.
Governments are increasingly using (or threatening to use) the WTO to challenge legitimate
existing and proposed domestic and international laws as 'barriers to trade'. They are
able to do this because the WTO prioritizes trade above all other societal values; and has
a strong dispute settlement system with which it can enforce its priorities. This practice
must stop.
Friends of the Earth International urges governments not to use current trade rules to
challenge and weaken legislation on development, the environment and health. A moratorium
should be put in place until governments recognise the existence and validity of the
precautionary principle; environmental protection; high national and international
environmental and health standards; and the benefit of operating in an open and
transparent fashion.
3. Protect local, national and international environmental and social laws from
unfair challenges and weakening by trade rules.
Trade rules should not override laws designed to protect local communities, the
environment and public health. In particular, countries need to retain the ability to
protect farming and rural communities, secure food supplies, control inward investment,
and insist that imports are properly labeled. FOEI recommends that governments give
significant deference to national and local environmental and health laws.
Of further concern is the fact that decisions from WTO dispute panels often seem to imply
that social and environmental laws have been introduced solely for 'protectionist'
purposes. To reverse this bias, all relevant dispute panels, in whatever fora, should be
required to give a presumption of validity to national and local laws and policies.
Dispute settlement systems should be amended to indicate that when considering complaints
concerning environmental, health, labor and consumer protections laws, panels may only
find a violation if the challenged law clearly serves no legitimate purpose other than
discriminating against imported products.
With regard to international environmental law, governments should agree, as part of the
proposed review, that multilateral treaties on the environment, development, health, labor
and human rights, take precedence over the WTO. Global trade rules should be amended to
reflect this point.
In particular, the Convention on International Trade in Endangered Species (CITES) and the
Convention on Biological Diversity must be acknowledged as the multilateral agreements
that govern trade in the products of biodiversity; and the patenting of life forms should
be banned.
4. Oppose investment negotiations in the WTO.
The sustainable development of economies requires the careful direction and management of
both domestic and inward investment. The WTO is thus the wrong place to deal with
international investment issues, since it deals primarily with deregulation and is
unlikely to be the source of a suitably balanced agreement. The WTO is also the wrong
forum in which to consider the critical, related issues of producer liability; and the
rights and responsibilities of investors. A binding code of conduct for corporations,
governing the way in which they deal with human rights issues and the environment, would
be more appropriately negotiated within the more open forum of the United Nations.
5. Develop a democratic and transparent trading system.
The WTO is undemocratic. If international trade is really to benefit all participants, it
is vital that all stakeholders - including governments, parliamentarians and civil society
- have access to information on trade negotiations; and the ability to participate in
decision-making processes, in order to develop sustainable trade policies.
It is critical that all relevant negotiations, in the WTO and elsewhere, are fully and
accurately minuted and that these minutes, and other working papers including governmental
position papers and draft negotiating texts, are promptly de-restricted and released to
the public. Trade fora must be directly accountable to citizens and their elected
representatives.
6. Agree to immediate debt relief and reject the 'liberal free market'
principles behind export-led development policies.
The 1992 UN Conference on Environment and Development identified the need to transfer
financial resources from developed to developing countries to help pay for sustainable
development. Unfortunately, Northern governments have not lived up to this commitment.
Instead, repayment of debt has resulted in a tragic 'reverse Robin Hood' transfer of
wealth from poor countries to rich Northern creditors.
Heavy debt burdens on developing countries encourage governments to allow increased
exploitation of natural resources for export in order to generate foreign exchange. The
export-led development programs of the Bretton Woods institutions have reinforced this
short-term and damaging approach, creating a vicious circle in which world markets are
oversupplied, commodity prices tumble, and poverty-stricken countries are forced to
increase exports. Thus rich, importing countries have ready access to cheap supplies of
natural resources and have, in fact, incurred an ecological debt to the countries of the
South which far outweighs the official financial debt of the South.
In addition, heavily indebted countries are often forced to slash environmental and social
spending, making it difficult for governments to pursue sustainability objectives.
Friends of the Earth International calls upon governments to reject the 'liberal free
market' principles behind export-led development and place more emphasis on policies that
prioritize subsistence needs; forgive bilateral debt and agree to substantial multilateral
debt forgiveness for the poorest countries by the year 2000. This will allow developing
countries to pursue more sustainable development policies.
CONCLUSION
As we approach the 21st Century, the world needs trade rules that reflect society's
current values and needs. Our existing trade rules and institutions and indeed the current
global economic system are out of date and do not do this. Instead, they undermine
biological and cultural diversity. They are still based on the pursuit of profit
regardless of social and environmental costs; and inequitable access to, and the overuse
of, limited natural resources. Critically, current rules also prevent the maintenance and
development of locally-appropriate and sustainable systems of commerce.
For these reasons, it is vital that governments reject proposals to expand the mandate of
the World Trade Organization. They should agree instead to review and rectify both the
current trade system and the economic context within which that system operates. As the
new Millennium approaches it is time to develop a system of international trade that
promotes self-determination, environmental protection, sustainable livelihoods, equity and
cultural diversity, amongst all nations and people.
Please refer to the accompanying briefing, The World Trade System: an Activists' Guide,
if you want to take action.
Key References and Reading
CEO, 1999.
WTO Millennium Bug: TNC Control Over Global Trade Politics
. Issue
No 4 - July 1999. Corporate Europe Observatory, Amsterdam.
http://www.xs4all.nl/~ceo/observer4/index.html
Daly, H. E. and J. Cobb, 1989.
For the Common Good.
Greenprint, London.
European Commission, 1999.
The EU Approach to the Millennium Round.
Communication
from the Commission to the Council and to the European Parliament. July, European
Commission, Brussels.
FAO, 1995.
Food Outlook.
Food and Agriculture Organization, Rome. Cited in C.
Stevens, J. Kennan and J. Yates.
Levelling the Field: Will the CAP Reform Provide a
Fair Deal for Developing Countries.
Catholic Institute for International Relations,
London.
FAO, 1998. Assessment of the impact of the Uruguay Round on agricultural markets, CCP
99/12. Food and Agriculture Organization, Rome. Cited in
Agriculture Trade Rules: Are
They Stacked Against the Poor?
UK Food Group Position Paper on the WTO and Food
Security. UK Food Group, London, Undated (but published in 1999).
Glickman, D., 1999a.
Address to the National Press Club in Washington, D.C
. July.
Glickman, D., 1999b.
Evidence to the Hearing of the House Agriculture Committee.
Subject: 1999 WTO Ministerial in Seattle Washington.
June.
Guardian, 1999. McDonalds' campaign spawns French hero.
The Guardian,
11
th
September 1999. London, UK.
Jacobs, M., 1996.
The Politics of the Real World.
Earthscan, London, UK.
Kierans, E and Stewart, W., 1989.
Wrong End of the Rainbow: The Collapse of Free
Enterprise in Canada
. Toronto, Harper Collins.
Kocherry, T., 1999.
Development: Majority of People Victims of Globalization.
Acceptance speech while receiving the Sophie prize in Oslo, Norway in June 1999. Third
World Network.
Ricupero, R., 1999.
Why Not a Development Round This Time for a Change?
Keynote
luncheon statement to the next trade negotiating round conference: Examining the agenda
for Seattle. Columbia University, New York, July.
SEATINI, 1999.
Statement from The Second Southern and Eastern African Trade
Information and Negotiation Initiative (SEATINI) Workshop
, Kampala, Uganda, 4 to 9
March 1999.
South Centre, 1997.
Foreign Direct Investment: Development and the New Global Economic
Order.
A Policy Brief for the South. South Centre, Geneva.
Stichele, M., 1998.
Towards a World Transnationals' Organization.
WTO Booklet
Series, Volume 3. Transnational Institute, 30
th
April 1998.
http://www.igc.org/trac/globalization/treaties/trade7.html
UNCTAD, 1996.
World Investment Report: Trends and Determinants 1996.
United
Nations Conference on Trade and Development, New York and Geneva.
UNCTAD, 1997.
World Investment Report: Trends and Determinants 1997.
United
Nations Conference on Trade and Development, New York and Geneva.
UNCTAD, 1998.
World Investment Report: Trends and Determinants 1998.
United
Nations Conference on Trade and Development, New York and Geneva.
UNDP, 1996.
Human Development Report 1996.
United Nations Development Program,
New York.
UNDP, 1997.
Human Development Report 1997.
United Nations Development Program,
New York.
UNDP, 1998.
Human Development Report 1998.
United Nations Development Program,
New York.
UNDP, 1999.
Human Development Report 1999.
United Nations Development Program,
New York.
UNEP, 1999.
Global Environment Outlook 2000.
United Nations Environment Program,
New York. Earthscan, London.
WTO, undated.
Environment: Trade and the Environment in the WTO.
World Trade
Organization, Geneva, Switzerland.
WTO, undated.
About the WTO: Basics - Summary.
World Trade Organization, Geneva,
Switzerland.
WTO, 1996.
Annual Report 1996.
World Trade Organization, Geneva.
WTO, 1999. World merchandise and commercial services trade. Various WTO web pages;
http://www.wto.org/statis/, World Trade Organization, Geneva.
Contact Details for Friends of the Earth International's
Trade, Environment and Sustainability Program.
INTERNATIONAL
Ronnie Hall
FoE (England, Wales & Northern Ireland)
26-28 Underwood St.
London N1 7JQ
United Kingdom
Tel: 44 20 7490 2665
Fax: 44 20 7490 0881
E-mail:
ronnieh@foe.co.uk
Web Site: www.foe.co.uk
AFRICA
Emmanuel Agyapong/Theo Anderson
FoE Ghana
Private Mailbag
General Post Office
Accra
Ghana
Tel: 233 21 225 963
Fax: 233 21 227 993
E-mail: foeghana@africaonline.com.gh
ASIA
Vicente Paolo B. Yu III
Legal Rights and Natural Resources Center, Inc.
Kasama sa Kalikasan/Friends of the Earth Philippines
2/F Puno Bldg., 47 Kalayaan Avenue
Quezon City, Philippines 1101
Tel: 63 2 9279670; 63 2 9279644
Fax: 63 2 9207172
E-mail:
yuvice@philonline.com
Web Site: www.sequel.net/~lrcksk
EUROPE
Alexandra Wandel
Friends of the Earth Europe (FoEE)
29, rue Blanche
B-1060 Brussels
Belgium
Tel: 32 2 5420185
Fax: 32 2 5375596
E-mail: alexandra.wandel@foeeurope.org
Web Site: www.foeeurope/trade/about.html
LATIN AMERICA AND THE CARIBBEAN
Karin Nansen
REDES (FOE Uruguay)
Defensa 1684
11200 Montevideo
Uruguay
Tel: 598 2 409 54 23
Fax: 598 2 402 87 99
E-mail: redes@redes.org.uy
MIDDLE EAST
David Katz/Gidon Bromberg
Friends of the Earth Middle East
E. Jerusalem 94700
Tel: 972 2 532 4667
Fax: 972 2 532 46 92
E-mail: mftz@foeme.org
Web Site: www.foeme.org/mftz
NORTH AMERICA
Mark Vallianatos
FOE (United States)
1025 Vermont Ave, NW, 3rd Floor
Washington DC 20003
United States
Tel: 1 202 783 7400
Fax: 1 202 783 0444
E-mail: mvallianatos@foe.org
Web Site: www.foe.org

