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International Trade and Finance



                  Notes          3.   Double Standards of Developed Countries
                                      The basic question is : Developed countries demand so many concessions and reduction of
                                      tariffs from the developing countries, but are they encouraging free flow of trade, capital and
                                      technology across states; or are they using globalisation to their advantage ? It would be of
                                      interest to consider certain issues :
                                      Unfair Game in Agreements on Textiles : India is quite competitive in textiles. But developed
                                      countries through various protectionist measures deny access to cost efficient textile producers.
                                      These measures take the form of anti-dumping duties, unilateral change in the rule of origin
                                      and unjustifiable foisting of environmental issues. All these measures are taken to protect
                                      domestic industry in developed countries and thus, these measures hamper free flow of Indian
                                      textile exports.
                                      Developed countries have proposed ten long years to reduce quotas in their domestic textile
                                      industries, but they pressurise the developing countries to reduece their tariffs, remove
                                      quantitative restrictions, introduce Intellectual Property Rights (IPRs) etc. immediately. Obvious
                                      developed countries play an unfair game so far as textile agreements are concerned.
                                      The United States has signed WTO agreements with the proviso that all such agreements will
                                      have to be passed by the US Congress, being a sovereign body. There is another assurance
                                      given by the US President to the Congress. In case, the decisions of Dispute Settlement Machinery
                                      of WTO go against the United States, they will be reviewed by US justices. If they find the
                                      decisions unfair, the US has unilaterally reserved for itself right to walk out of the WTO.
                                      Criticising this big brother like attitude, some commentators believe that the rule makers are
                                      not going to tolerate being over-ruled. Many of the US laws like Section 301 of US Trade Act is
                                      clearly a violation of WTO agreement. This matter was considered by the Dispute Settlement
                                      Panel of WTO which gave its verdict that those laws are WTO compliant. This has emboldened
                                      the US to continue to use unilateral action against countries that are not considered by US
                                      administration as compliant with US trading interests. It passes one’s comprehension how the
                                      US Congress should be considered as a super-body over the WTO, while the parliaments of
                                      other members of the WTO, especially the developing countries, are denied this right. Although
                                      sixteen countries petitioned against the US, but since WTO has supported the US position.
                                      Fourthly, reduction and elimination of tariffs in non-agricultural goods and other barriers, particularly
                                      on products that are important to developing countries, is mother major gain for India.
                                      Fifthly, WTO ministerial declaration has stressed the need for establishing a system of registration
                                      for wines and spirits known by the region where they are made like champagne. Extension of
                                      this geographical indication to other items like basmati rice will also be looked into.
                                      Lastly, US agreed to review anti-dumping rules, but there is a fear that this may not be achieved
                                      unless the developing countries build up strong pressure on the US to do so.
                                      Gains for India
                                      The Commerce and Industry Minister who represented India at the Doha WTO Conference
                                      succeeded in sending a strong message that India can no longer be ridden roughshod over by
                                      the developed countries, more especially US and the European Union. The biggest gain was
                                      that WTO chairman declared that negotiations on Sinapore issues–investment, competition,
                                      labour standards and environment would be held only after an "explicit concensus” was reached
                                      at the Fifth Ministerial. Such a concensus may not be easy to emerge even in 2003, keeping in
                                      view the reservations expressed by the developing nations at the Doha Conference.
                                      Another major gain was that instead of opening discussion on new issues, it was agreed under
                                      pressure from India and other developing countries that it would be more advisable to undertake
                                      an exercise on a more complete implementation of Uruguay Round recommendations. This
                                      would involve review of bottlenecks and constraints arising out of the roadblocks in the way of
                                      fulfillment of their obligations by the developed countries. This would be particularly directed
                                      towards the US, Japan and countries of the European Union to open markets to products in
                                      which the developing countries enjoyed a comparative advantage.



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