Reforming the GATT: The use of trade measures for balance-of-payments purposes

The GATT rules which govern international trade are to be reformed during the current Multilateral Trade Negotiations. It is widely agreed that among the rules most in need of change are those relating to the use of trade policy measures, such as import quotas and surchages, for balance-of-payments purposes. This article reviews the role of such measures under international monetary regimes based on both fixed and flexible exchange rates, and concludes that they should no longer be authorized by the GATT. If they do remain part of the system, a number of major changes are needed in both the substantive and procedural rules which govern their use.     

Anti-competitive effects of trade policy

Because GATT rules permit countries to take anti-dumping action, anti-dumping measures have come to be regarded as an integral part of the trade landscape. But is it really necessary to have both a domestic competition policy and an external anti-dumping policy, given that both policies aim to promote competition?     

Free trade and protection of the environment: Is the GATT in need of reform?

The GATT negotiations under the Uruguay Round have almost run their course. However, consultations are certain to continue, as critics regard the GATT rules on environmental protection as inadequate. What aspects need to be reformed, and how might the initial reform measures look?     

The WTO trade effect

This paper re-examines the GATT/WTO membership effect on bilateral trade flows, using nonparametric methods including pair-matching, permutation tests, and a Rosenbaum (2002) sensitivity analysis. Together, these methods provide an estimation framework that is robust to misspecification bias, allows general forms of heterogeneous membership effects, and addresses potential hidden selection bias. This is in contrast to most conventional parametric studies on this issue. Our results suggest large GATT/WTO trade-promoting effects that are robust to various restricted matching criteria, alternative GATT/WTO indicators, non-random incidence of positive trade flows, inclusion of multilateral resistance terms, and different matching methodologies.     

Non-Tariff barriers to trade

Over the past three decades the non-tariff barriers to trade have grown in importance inversely to the import duties which have been lowered under GATT auspices. In the current GATT negotiations — the Tokyo round in which the contracting parties have been at work since the autumn of 1973 to solve the acute trade-political problems — non-tariff trade barriers are for the first time playing a major role.     

Do WTO members have more liberal trade policy?

This paper uses 68 measures of trade policy and liberalization to ask if membership in the World Trade Organization (WTO) and its predecessor the General Agreement on Tariffs and Trade (GATT) is associated with more liberal trade policy. Almost no measures of trade policy are significantly correlated with GATT/WTO membership. Trade liberalizations, when they occur, usually lag GATT entry by many years, and the GATT/WTO often admits countries that are closed and remain closed for years. The exception to the rule is that WTO members tend to have slightly more freedom as judged by the Heritage Foundation's index.     

Multilateral trade negotiations, bilateral opportunism and the rules of GATT/WTO

Trade negotiations occur through time and between the governments of many countries. An important issue is thus whether the value of concessions that a government wins in a current negotiation may be eroded in a future bilateral negotiation to which it is not party. We identify rules of negotiation that serve to protect the welfare of governments that are not participating in the bilateral negotiation. Our main finding is that the two central principles of GATT/WTO—nondiscrimination (MFN) and reciprocity—preserve the welfare of nonparticipating governments and therefore offer a “first-line of defense” against bilateral opportunism.     

GATT第24条关于关税同盟和自由贸易区的实体内部标准研究

GATT/WTO多边贸易体制关于关税同盟和自由贸易区的纪律规定于GATT第24条。然而,在GATT缔约之日起,直至如今,GATT第24条一直是人们苦恼和迷惑之源。人们认为,由于充满"模糊"和"含糊其词的用语",该条的规定"极端宽松"、"异乎寻常地复杂"、"充满漏洞";有人甚至批评说该条是"荒谬的"和"自相矛盾的"。GATT第24条诸款中,引起争议最大的莫过于该条的第8款,该款规定了关税同盟和自由贸易区内部深度区域自由化的义务,本文称之为实体内部标准。本文首先探讨了GATT第24条关于区域贸易安排法律制度的逻辑框架和实体纪律。重点就"深度区域自由化的义务"(内部标准)尽可能全面地加以评释。     

Multilateral stability and efficiency of trade agreements: A network formation approach

We study the endogenous network formation of bilateral and multilateral trade agreements by means of hypergraphs and introduce the equilibrium concept of multilateral stability. We consider multicountry settings with a firm in each country that produces a homogeneous good and competes as a Cournot oligopolist in each market. Under endogenous tariffs, we find that a multilateral trade agreement governing the rules and norms of tariff setting, that is the WTO/GATT regime itself, together with a bilateral preferential trade agreement (PTA) is multilaterally stable. We also find that the existence of the WTO is necessary for the stability of the trading system. We further analyse the impact of PTAs on multilateral tariffs within the WTO. We find that the formation of PTAs increases countries' incentives for multilateral tariff reduction.     

Erratum to Multilateral trade negotiations, bilateral opportunism and the rules of GATT/WTO

Trade negotiations occur through time and between the governments of many countries. An important issue is thus whether the value of concessions that a government wins in a current negotiation may be eroded in a future bilateral negotiation to which it is not party. We identify rules of negotiation that serve to protect the welfare of governments that are not participating in the bilateral negotiation. Our main finding is that the two central principles of GATT/WTO—nondiscrimination (MFN) and reciprocity—preserve the welfare of nonparticipating governments and therefore offer a “first-line of defense” against bilateral opportunism.     

GATT第24条关于关税同盟和自由贸易区的实体外部标准解读

GATT/WTO多边贸易体制关于关税同盟和自由贸易区的纪律规定于GATT第24条。该条确立了自由贸易区、关税同盟和旨在建立关税同盟或自由贸易区的过渡性协议三种区域贸易安排的具体表现形式。根据WTO秘书处的研究报告,GATT第24条关于自由贸易区和关税同盟多边纪律,可以概括为三个条件:一是深度区域自由化的义务(内部标准);二是对区域外成员贸易保持中立的义务(外部标准);三是透明度义务。其中前两项为实体标准,第三项为程序性标准。纵观GATT第24条诸款,其第5款普遍被认为规定了自由贸易区和关税同盟的实体外部标准。实体外部标准所关注的是:虽然GATT的缔约方乃至WTO成员有权缔结自由贸易区和关税同盟,这种权利是有限度的,即,关税同盟和自由贸易区要对第三国的贸易保持中立,即不得以建立关税同盟和自由贸易区为名而使第三国的利益陷入不利。本文旨在系统而细致地研究GATT第24条规定的自由贸易区和关税同盟的实体外部标准。     

Unsolved problems of world trade policy

Talks began early in March in Geneva between the members of the extended EEC and their trading partners. These negotiations are being held in accordance with GATT Statute which insists that third countries must be compensated for any disadvantages they may suffer as a consequence of Great Britain, Denmark and Ireland joining the EEC.     

The US trade reform act of 1974

The 1974 Trade Act gives the US President extensive authority to engage in multilateral trade negotiations in the framework of GATT. The following article offers a survey of the provisions of the Act and discusses its possible impact on international trade relations.     

Dumping and Injury Margins in Markets with Horizontal as well as Vertical Product Differentiation

This paper examines the GATT/WTO rules for anti-dumping measures in a duopoly model with both horizontal and vertical product differentiation. The GATT/WTO rules allow for anti-dumping measures if domestic producers, exposed to price discrimination, also demonstrate injury where price-undercutting is an important indicator of the latter. The paper shows that the procedure for calculating injury is flawed due to negligence of quality differences in the calculation of the margin of price-undercutting. This gives countries with high-quality producers an option to practice protectionism. This asymmetry between countries in ability to implement anti-dumping measures predominantly favors the developed countries which are specialized in producing high-quality products. The paper suggests an overall critical look at the lenient rules for implementing anti-dumping measures—especially the rules for injury determination—in order to restrict the use of such measures to a minimum and to move the world economy closer to free trade.     

Free trade and the environment

In this essay I examine the impact of ‘free’ international commodity markets and ‘free’ national factor markets on environmental quality in the context of a ‘small’ country committed to Lindahl taxation of environmental degradation. The ‘gains from trade’ proposition, as well as GATT Article XX, serve as the backdrop for my analysis.     

从WTO协议中“最惠国条款”及其例外看自由贸易区的兴起

最惠国待遇条款是WTO赖以存在的基石,GATT第24条作为最惠国待遇的最大一项例外为自由贸易区(FTA)的建立提供了正当性的基础。由于该条款谈判历史上的原因,GATT第24条的条款并不非常明确。自由贸易区的兴起和发展使其正成为平行于WTO体制之外的国际经贸法制。中国应根据本国经贸状况构建符合本国利益的自由贸易区体系和规则。     

Liberalization strategies for free trade in services

Trade in services is being dealt with in GATT negotiations for the first time in the present Uruguay Round. The discussion on the proper liberalization instrument to be applied to trade in services is highly controversial. This paper attempts to clarify the discussion and outline rational policy options.     

Distortions in world trade: Recent developments

The functioning of the world trading system is seriously distorted by a multitude of protectionist measures that impede a possible expansion in world trade and national product. Hans Joachim Hochstrate and Ralf Zeppernick analyse the latest developments against the background of the current Uruguay Round of GATT negotiations.     

The WTO promotes trade, strongly but unevenly

This paper furnishes robust evidence that the WTO has had a strong positive impact on trade, amounting to about 120% of additional world trade (or US$ 8 trillion in 2000 alone). The impact has, however, been uneven. This, in many ways, is consistent with theoretical models of the GATT/WTO. The theory suggests that the impact of a country's membership in the GATT/WTO depends on what the country does with its membership, with whom it negotiates, and which products the negotiation covers. Using a properly specified gravity model, we find evidence broadly consistent with these predictions. First, industrial countries that participated more actively than developing countries in reciprocal trade negotiations witnessed a large increase in trade. Second, bilateral trade was greater when both partners undertook liberalization than when only one partner did. Third, sectors that did not witness liberalization did not see an increase in trade.     

Safeguards and the problem of VERs

One of the most complex problems facing GATT during the current Uruguay round of trade talks is the reform of Article XIX on temporary protection measures, commonly known as safeguards. Our author argues that, provided there are well-defined rules to limit its use, the introduction of some selectivity in safeguard measures need not undermine the GATT system. An appropriate change in the rules would induce countries to resort less to “grey-area” measures, such as voluntary export restraints.