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Roots:
from Havana to Marrakesh
The
WTO’s creation on 1 January 1995 marked the biggest reform of
international trade since after the Second World War.
It
also brought to reality — in an updated form — the failed
attempt to create an International Trade Organization in 1948. Up to
1994, the trading system came under GATT, salvaged from the
aborted attempt to create the ITO.
GATT
helped establish a strong
and prosperous multilateral trading system
that became more and more liberal through rounds
of trade negotiations.
But by the 1980s the system needed a thorough overhaul. This led to
the Uruguay
Round,
and ultimately to the WTO.
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GATT:
‘provisional’ for almost half a century back
to top
From
1948 to 1994, the General Agreement on Tariffs and Trade (GATT)
provided the rules for much of world trade and presided over
periods that saw some of the highest growth rates in international
commerce. It seemed well-established, but throughout those 47
years, it was a provisional agreement and organization.
The
original intention was to create a third institution handling
international economic cooperation, to join the “Bretton Woods”
institutions now known as the World Bank and the International
Monetary Fund. The complete plan, as envisaged by over 50
countries, was to create an International
Trade Organization (ITO)
as a specialized agency of the United Nations. The draft ITO
Charter was ambitious. It extended beyond world trade disciplines,
to include rules on employment, commodity agreements, restrictive
business practices, international investment, and services.
Even
before the charter was finally approved, 23 of the 50 participants
decided in 1946 to negotiate to reduce and bind
customs tariffs. With the Second World War only recently ended,
they wanted to give an early boost to trade liberalization, and to
begin to correct the large legacy of protectionist measures which
remained in place from the early 1930s.
This
first round of negotiations resulted in 45,000 tariff concessions
affecting $10 billion of trade, about one-fifth of the
world’s total. The 23 also agreed that they should accept some
of the trade rules of the draft ITO Charter. This, they believed,
should be done swiftly and “provisionally” in order to protect
the value of the tariff concessions they had negotiated. The
combined package of trade rules and tariff concessions became
known as the General Agreement on Tariffs and Trade. It entered
into force in January 1948, while the ITO Charter was still being
negotiated. The 23 became founding GATT members (officially,
“contracting parties”).
Although
the ITO Charter was finally agreed at a UN Conference on Trade and
Employment in Havana in March 1948, ratification in some national
legislatures proved impossible. The most serious opposition was in
the US Congress, even though the US government had been one of the
driving forces. In 1950, the United States government announced
that it would not seek Congressional ratification of the Havana
Charter, and the ITO was effectively dead. Even though it was
provisional, the GATT remained the only multilateral instrument
governing international trade from 1948 until the WTO was
established in 1995.
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GATT
trade rounds
| Year |
Place/name |
Subjects
covered |
Countries |
| 1947 |
Geneva |
Tariffs |
23 |
| 1949 |
Annecy |
Tariffs |
13 |
| 1951 |
Torquay |
Tariffs |
38 |
| 1956 |
Geneva |
Tariffs |
26 |
| 1960-1961 |
Geneva
Dillon
Round |
Tariffs |
26 |
| 1964-1967 |
Geneva
Kennedy
Round |
Tariffs
and anti-dumping measures |
62 |
| 1973-1979 |
Geneva
Tokyo
Round |
Tariffs,
non-tariff measures, “framework”
agreements |
102 |
| 1986-1994 |
Geneva
Uruguay
Round |
Tariffs,
non-tariff measures, rules, services, intellectual
property, dispute settlement, textiles, agriculture,
creation of WTO, etc |
123 |
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For
almost half a century, the GATT’s basic legal text remained much
as it was in 1948. There were additions in the form of “plurilateral”
agreements (i.e. with voluntary membership), and efforts to reduce
tariffs further continued. Much of this was achieved through a
series of multilateral negotiations known as “trade rounds”
— the biggest leaps forward in international trade
liberalization have come through these rounds which were held
under GATT’s auspices.
In
the early years, the GATT trade rounds concentrated on further
reducing tariffs. Then, the Kennedy Round in the mid-sixties
brought about a GATT Anti-Dumping Agreement. The Tokyo Round
during the seventies was the first major attempt to tackle trade
barriers that do not take the form of tariffs, and to improve the
system. The eighth, the Uruguay Round of 1986-94, was the latest
and most extensive of all. It led to the WTO and a new set of
agreements.
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The
trade chiefs
Directors-general
of GATT and WTO
Sir
Eric Wyndham-White (UK) 1948–68
Olivier Long (Switzerland) 1968–80
Arthur Dunkel (Switzerland) 1980–93
Peter Sutherland (Ireland) GATT 1993–94; WTO 1995
Renato Ruggiero (Italy) 1995–1999
Mike Moore (New Zealand) 1999–
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The
Tokyo Round ‘codes’
Subsidies
and countervailing measures — interpreting Articles 6,
16 and 23 of GATT
Technical
barriers to trade — sometimes called the Standards Code
Import
licensing procedures
Government
procurement
Customs
valuation — interpreting Article 7
Anti-dumping
— interpreting Article 6, replacing the Kennedy
Round code
Bovine
Meat Arrangement
International
Dairy Arrangement
Trade
in Civil Aircraft
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The
Tokyo Round: a first try to reform the system back
to top
The
Tokyo Round lasted from 1973 to 1979, with 102 countries
participating. It continued GATT’s efforts to progressively
reduce tariffs. The results included an average one-third cut in
customs duties in the world’s nine major industrial markets,
bringing the average tariff on industrial products down to 4.7%.
The tariff reductions, phased in over a period of eight years,
involved an element of “harmonization” — the higher the
tariff, the larger the cut, proportionally.
In
other issues, the Tokyo Round had mixed results. It failed to come
to grips with the fundamental problems affecting farm trade and
also stopped short of providing a new agreement on
“safeguards” (emergency import measures). Nevertheless, a
series of agreements on non-tariff barriers did emerge from the
negotiations, in some cases interpreting existing GATT rules, in
others breaking entirely new ground. In most cases, only a
relatively small number of (mainly industrialized) GATT members
subscribed to these agreements and arrangements. Because they were
not accepted by the full GATT membership, they were often
informally called “codes”.
They
were not multilateral, but they were a beginning. Several codes
were eventually amended in the Uruguay Round and turned into
multilateral commitments accepted by all WTO members. Only four
remain plurilateral — those on government procurement, bovine
meat, dairy products and civil aircraft remain “plurilateral”.
(In 1997, WTO members agreed to terminate the bovine meat and
dairy agreements from the end of the year.)
Did
GATT succeed? back
to top
GATT
was provisional with a limited field of action, but its success
over 47 years in promoting and securing the liberalization of much
of world trade is incontestable. Continual reductions in tariffs
alone helped spur very high rates of world trade growth during the
1950s and 1960s — around 8% a year on average. And the momentum
of trade liberalization helped ensure that trade growth
consistently out-paced production growth throughout the GATT era,
a measure of countries’ increasing ability to trade with each
other and to reap the benefits of trade. The rush of new members
during the Uruguay Round demonstrated that the multilateral
trading system was recognized as an anchor for development and an
instrument of economic and trade reform. But as time passed new
problems arose. The Tokyo Round was an attempt to tackle some of
these but its achievements were limited. This was a sign of
difficult times to come.
GATT’s
success in reducing tariffs to such a low level, combined with a
series of economic recessions in the 1970s and early 1980s, drove
governments to devise other forms of protection for sectors facing
increased foreign competition. High rates of unemployment and
constant factory closures led governments in Western Europe and
North America to seek bilateral market-sharing arrangements with
competitors and to embark on a subsidies race to maintain their
holds on agricultural trade. Both these changes undermined
GATT’s credibility and effectiveness.
The
problem was not just a deteriorating trade policy environment. By
the early 1980s the General Agreement was clearly no longer as
relevant to the realities of world trade as it had been in the
1940s. For a start, world trade had become far more complex and
important than 40 years before: the globalization of the world
economy was underway, trade in services — not covered by GATT
rules — was of major interest to more and more countries, and
international investment had expanded. The expansion of services
trade was also closely tied to further increases in world
merchandise trade. In other respects, GATT had been found wanting.
For instance, in agriculture, loopholes in the multilateral system
were heavily exploited, and efforts at liberalizing agricultural
trade met with little success. In the textiles and clothing sector,
an exception to GATT’s normal disciplines was negotiated in the
1960s and early 1970s, leading to the Multifibre
Arrangement.
Even GATT’s institutional structure and its dispute settlement
system were giving cause for concern.
These
and other factors convinced GATT members that a new effort to
reinforce and extend the multilateral system should be attempted.
That effort resulted in the Uruguay
Round,
the Marrakesh Declaration, and the creation of the WTO.
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