Thursday, April 19, 2012

DOHA ROUND: Should there be room for tailoring policies??


As some of you may know, the Doha Round is said to be destined to fail. This was the revolving theme during my International Trade Policy class last semester and I just thought I'd share with you guys a paper I wrote about the Doha Round and policy space. This may be useful to some of you who need to do research in regards to the DDR but it may seem like a whole lot of  unfamiliar and complicated jargon to some. You may want to skip this post if it's irrelevant to you :) Also, I am no expert but this was one of the my most researched piece and it got me good marks so it shouldn't be that bad....


INTRODUCTION

The first multilateral negotiation since WTO’s formation was the Doha Development Round (DDR), which was launched during the 4th WTO Ministerial Conference in Doha, Qatar in November 2001 (Senona, 2009).  Days where developing nations took a back seat and allow bigger powers like United States (US) and European Union (EU) drive negotiations and set the agenda were long over (Steger, 2007). As the majority of WTO members are developing nations, an ambitious and comprehensive work programme titled the Doha Development Agenda was established during the DDR, with development being the centre of the round more than trade liberalization (Huang, 2008; Senona, 2009). The DDR stresses on special interests and needs of developing countries which revolve around agriculture, market access for non-agriculture products, trade in services, WTO rules such as dispute settlement, intellectual property rights and issues regarding implementation (Huang, 2008). The DDR was scheduled to conclude in January 2005 but unfortunately, deadlines were missed with negotiations still underway and results were considered elusive (Deb & Al Amin, 2011; Senona, 2009). The main problem in DDR is the inability to meet all expectations according to everyone’s satisfaction and because it covers a wide development agenda in a single undertaking, its failure will generally damage the global economy (Das, 2008; Senona, 2009). The purpose of this paper analyses certain issues in the DDR in regards to Ha-Joon Chang’s arguments of policy space while looking into agriculture and non-agriculture market access negotiations. In addition, this paper also examines issues in the DDR like the Trade Related Intellectual Property Rights (TRIPs) agreement and their impact on social welfare in developing nations.

The Doha Development Round in light of policy space arguments

            Although WTO promotes trade liberalisation and greater market access through removal of barriers to trade, it is not entirely beneficial for developing countries.  Opening trade will automatically improve welfare through producing goods and services according to comparative advantage inside the free market economy but at the expense of developing nations (Senona, 2009).  This form of opening up trade is what Friedman (2000) describes as “The Golden Straightjacket Rule”, where a country must adopt golden rules of eliminating tariffs, removing restrictions on foreign investments, increasing exports, shrinking state bureaucracy, opening banking and telecommunications sector among many. The “golden” rules however, work to grow economies but narrows their economic policies and political power with almost no room for tailoring (Friedman, 2000).  Since WTO came into play, there are apparent benefits from trade liberalisation, such as globalisation of supply chains, increase in intra-firm and intra-industry trade volumes and rise in foreign direct investments (Hoekman & Nicita, 2010).

However, Chang (2007) argues that “the golden straightjacket” theory is a fallacy because trade liberalisation encouraged by developed countries, does not benefit developing countries. Shafaeddin (2010) agrees that while developed countries would gain considerable market access to goods from developing countries, particularly manufactured goods, developing countries would lose its opportunity to diversify the export structure of its economies and develop their industries. He adds that developing countries do gain some market access to products they have no comparative advantage in, but this is at the expense of their long run development. Therefore, necessary policy space should be allowed to protect certain industries and gradually allow liberalization once the industry reaches maturity (Shafaeddin, 2010). The DDR calls for the development of policy space that allows developing countries to apply policy measures, such as protection of SMEs and infant industries, diversifying products without international competition and addressing infrastructure deficiencies and supply constraints to take advantage of market access opportunities (Senona, 2009). In addition, Chang (2007) points out the hypocrisy from developed countries because history shows that developed their country from practicing protectionism.  Senona (2009) agrees this is a well-documented fact where advance countries have used protectionism to industrialize. Thus, WTO rules should allow for developing countries to follow suit. The following looks into policy space issues in agriculture and non-agriculture negotiations in the DDR.

Agriculture policies and the Doha Round

            Agriculture is one of the most highly protected areas of international trade, and should remain that way, at least for developing nations. Unlike other parts of international trade, agriculture is still defined by tariffs, quotas, subsidies and other types of government protection and only account for 8% of world trade (Beierle, 2002; Das, 2008; Bawuah-Edusei, 2006). Trade liberalisation not only affects major farm exporting countries like Brazil, Argentina and Thailand but also the poorer ones like Mauritius and Caribbean states which are dependent on limited commodities like sugar, rice or cotton and mainly protected by OECD countries through quotas (Messerlin, 2005). In the DDR, developed nations are seeking to achieve agricultural liberalisation for greater market access while rising developing powers are looking for agriculture trade policies that promote economic development and food security (Beierle, 2002). Specifically, the DDR is pushing for certain levels of tariff reduction in agriculture but ultimately, the effects will be determined on the extent of exemptions invoked by members (Hoekman & Nicita, 2010). For instance, during negotiations in July 2006, Emerging Market Economies (EMEs) like Brazil, China and India sought exemptions for farm tariff cuts but was criticised by US that they were trying to dodge legitimate trade liberalisation (Das, 2008).

From the US perspective however, as a major exporter of agriculture products, US farm groups realised that global reform of farm policies and reduced barriers for agriculture products could bring substantial benefits to the agriculture sector (Jabara, 2005). On that, US have raised concerns in the DDR about the July 2004 Framework because developing countries will be eligible for flexibility in regards to food security and other concerns (Jabara, 2005). This led US to propose different bands of tariff cuts for developing and developed countries to meet expectations of their agriculture producers for greater market access (Jabara, 2005).  Messerlin (2005) supports by saying negotiations should not revolve around food security, effects of higher priced products and special safeguard for agriculture issues as liberalisation have huge benefits for both developed and developing nations. Diaz-Bonilla, Robinson, Thomas, & Yanoma (2002) state that developing countries could also benefit from agriculture liberalization as it plays to their comparative advantage, with benefits for exports, economy and rural employment. For instance, countries like China and India which comparative advantage is in labour-intensive products could export these products and import land-intensive agriculture products from countries like US that are equipped with modern technology which lowers cost (Lin, 2000; The Economist, 2010).

While both parties have made relevant justifications, there is still an obvious mismatch in objectives with the developed seeking market access and the developing wanting more policy space and this led to many years of unresolved negotiations in the DDR.  However, when we look into history, big powers like US and EU has shown a long history of domestic agriculture and textiles protection (Beierle, 2002; Das, 2008). Hence, it seems unreasonable for developed nations to pressure developing nations into liberalizing their agriculture sector as they themselves have been practising protectionism in agriculture. For instance, EU provides export subsidies under their agriculture support policies and although they have reduced support in 2008 from rising agriculture products globally, these subsidies re-emerged again in 2009 and are expected to be on the rise (Hoekman & Nicita, 2010).

Meanwhile, US have also been protecting their agriculture industry through domestic reforms like the 1996 Federal Agriculture Improvement and Reform Act and the 2002 Farm Security and Rural Investment Act which provides subsidies for farmers (Messerlin, 2005). For example, their cotton industry was protected through subsidies which led to high paid farmers that eventually contribute to overproduction and low cost exports thus driving down world cotton prices (Bawuah-Edusei, 2006). As a result, other cotton producing countries like Africa were unsatisfied, as this made cotton prices drop in their country due to competition. This led to these issues being raised during DDR negotiations. Unfortunately, US were reported to deliberately engineer the collapse of the cotton issue during the July 2008 Mini-Ministerial meetings (South Centre, 2008). Every time African and non-African cotton producing countries brought up the cotton issue; they were told that discussions were running in parallel in an attempt to limit negotiations (South Centre, 2008). Having said that, since bigger powers like US and EU were also using domestic protectionism in agriculture; it seems fair that smaller ones should do the same. However, trade liberalisation should not be ignored completely, as what Chang (2007) suggested, the playing field should be tilted and there should be a combination of domestic policies amidst open trade.


Non-agriculture “Infant Industry” policies and the Doha Round

            As more developing countries starts to manufacture their own products and establish new industries ranging from textiles to automotive to even airlines, non-agriculture issues became prevalent in the DDR. This is related to Chang’s (2007), “infant industry” argument where he says it is critical for developing countries to protect its new industries before being able to compete with foreign rivals. He pointed out that developed countries like Japan, United Kingdom, EU and US adopted this approach in their early stages of development through subsidies, tariffs, patents, and so on. This preservation of policy space is what developing countries are trying to fight for in the DDR through infant industry protection and maintaining duties in sensitive sectors (Das, 2008).

In the DDR, there were evident irregularities between proposals made by the developing countries during Non-agriculture Market Access negotiations and the Doha Text contents, which disadvantage industrialization of developing countries, especially those in initial industrialization stages (Das, 2008; Shafaeddin, 2010). For example, the DDR tries to implement the Swiss formula tariff cut which does not take into account the differences between developed and developing nations (Akyüz, Milberg, & Wade, 2006).  Such irregularities give an impression that there was never an intention for a development-oriented round and in fact, developed nations turned it into a ‘market access’ round (Shafaeddin, 2010). This is evident when US and EU pushed for an ‘anti-concentration’ clause during the 2008 Mini-ministerial which discourages countries from using permitted flexibilities to protect entire sectors (South Centre, 2008). Developing countries led by Brazil, China, India, Argentina, South Africa, Venezuela and others rejected this as protecting certain industries from imports is crucial and an anti-concentration clause would severely limit the already constrained flexibility they have now (South Centre, 2008). The EMEs have made it clear that they are unwilling to abruptly lower their trade barriers as they fear these barriers will wipe out their newly established industrial sectors (Das, 2008).

            Furthermore, in a research done by Zahrnt (2009) on WTO delegates and employees, it is confirmed that economic policy space places a greater importance on developing countries as opposed to developed countries. For instance, accepting WTO disciplines will limit a country’s economic policy in areas such as fostering infant industries as it is not allowed under the Trade Related Investment Measures (TRIMs) (Shafaeddin, 2010; Zahrnt, 2009). Although infant industry protection is essential to ensure new industries become competitive progressively, there are some criticisms about it. Zahrnt (2009) mentions in terms of implementation, some governments lack ability to identify suitable companies that could increase competition via low cost and reap high profits. Zahrnt adds that governments are also unable to convincingly commit to end the protection. This is in line with Chang’s (2007) comment that some governments can safeguard infant industries too much, like overprotective parents. However, as what Chang also brought up, having overprotective parents is still better than having no parents at all. This is apparent when developing countries were growing much faster back when they used allegedly “bad” trade and industrial policies in the 1960-80s, as opposed to so-called “good” neo-liberal policies in the following two decades (Chang, 2003).

Evidently, when Brazil adopted the “Washington Consensus” in the 1980s and implemented trade liberalisation, market access and privatisation of state-owned enterprises, it did not achieve high rate of economical growth nor substantially improve their inheritance of asset and income as well as poverty levels which it was supposed to do (Amann & Baer, 2002). However, this does not suggest that developing nations should have high tariffs for every sector indefinitely, but instead, have the option to use tariffs selectively when required for industrial upgrading (Akyuz, Milberg & Wade, 2006). This is consistent with Chang (2003) argument that some space should be allowed alongside WTO rules to permit some form of infant industry protections via tariffs, subsidies and more.

The Doha Development Round in light of social welfare arguments

            While negotiations in the DDR by developing countries seem driven towards development of their economy, other crucial issues are at hand such as the improving their peoples welfare with better medical and food aids. Chang (2007) has argued that free trade policies are not beneficial for the poorer countries. He says that besides allowing developing countries to protect via subsidies and stricter regulations on foreign investment, there should be less stringent Intellectual Property Rights (IPR) so they can “borrow” technology from richer countries. These “borrowed” technology could be used contribute to welfare of their society in areas of combating life-threatening illnesses such as HIV/AIDS.  The following looks into the TRIPs agreement and poverty issues in developing countries.

TRIPs and The Doha Round

            As mentioned earlier, TRIMs agreement disallows developing countries to support infant industries but in contrast, TRIPs agreement protects IPR which benefits developed countries by protecting their infant industries with new technologies for over 20 years (Shafaeddin, 2010). This obvious double standard is apparent when a US representative said IPR protection is important to drive technological change and incentives on IPRs are important else it will delay or shrink their technological progress (Shafaeddin, 2010). As a result, developing countries were given 10 years to comply with the TRIPs agreement which many were reluctant (Barbosa, 2007). Fortunately, the Doha Ministerial declaration 2005, attempted to rectify the imbalanced “pro-rich” TRIPs agreement by offering a higher level of protection for developing countries in obtaining vital medicine to protect public health (Huang, 2008). This includes obtaining new rights, overriding medicine patents for severe public health threats such as AIDS and protection of traditional knowledge and medication (Beierle, 2002; Huang, 2008). For instance, TRIPs Agreement will enable countries with zero or insufficient manufacturing capabilities to import generic versions of patented pharmaceuticals (Yu, 2008).

Although this appears to be beneficial, this ‘special arrangement’ comes with a hidden term. It only applies to affected countries and those part of a regional trade agreement, which is practically limited to Sub-Saharan Africa countries (Yu, 2008). These African countries have been actively participating in negotiations because the conclusion of TRIPs is particularly crucial as it will save millions of lives suffering from AIDS, Malaria and other diseases in their country (Bawuah-Edusei, 2006). However, they are not the only ones affected and it seems unjust to other developing countries also affected by same life-threatening diseases. For instance, Arab countries that were less active during negotiations were not successful in receiving flexibilities and incorporating them into their national policies (El-Said, 2010). Meanwhile, bigger voices like Brazil led an alliance of South Africa, India, the World Health Organization and several universal NGOs to confront multinational pharmaceutical companies lobbies, and won support to interpret TRIPs as prioritizing public health over economic interest (Barbosa, 2007).


Therefore, Yu (2008) suggests that BRICS countries (Brazil, Russia, India, China and South Africa), should collaborate with other developing countries to promote access to essential drugs in the less developed world due to their larger voice. Each one would benefit in some way from a less stringent IP protection. For instance, India would be able to produce generic drugs at a lower price without patent fees thus making it affordable to their citizens. Brazil would benefit from compulsory licensing of much needed HIV/AIDS medication and China can reduce counterfeiting and piracy issues that tend to happen when goods become expensive from high IP protection (Agarwal & Wu, 2004; Hoekman & Kostecki, 2009; Yu, 2008). Nonetheless, there is much difficulty for developing countries in obtaining some flexibility for complying with IP protection. Ironically, US itself was an importer of technology back in early 1800s but they seem to be going against their very own policies now, much to their benefit (El-Said, 2008). There is no doubt that protection of IP rights should be allowed for encouraging continuous technological growth and innovation. However, some flexibility should be allowed especially for developing countries to access these technologies and medications for the benefit of their citizens welfare, at least till they are capable enough to afford such patent fees.

Poverty Issue and the Doha Round

            Lastly, poverty is a critical widespread issue among developing countries especially the least developed ones. Although it seems there is no direct relation between poverty and international trade, the truth is, trade liberalization may heighten inequality, poverty and long term unemployment (Zahrnt, 2009). The results from increased demand for high-skilled labour, which raise wages but concurrently increases unemployment of low-skilled labour which also increases income gap between poor and rich.  (Zahrnt, 2009). Ghana for example, whose majority of employment comes from agricultural sectors, was observed that rise in employment from trade liberalisation under their Economic Reform Program, was not equally distributed across sectors causing high poverty incidence in the agriculture sector (Bawuah-Edusei, 2006; Ocran & Adjasi, 2009. Though there are domestic government policies to support the poor, most are funded partly through tariffs (Zahrnt, 2009). Therefore by removing tariffs, governments also lose part of their finances to help the poor. Lofgren & Richards (2003) emphasised importance for these countries to maintain their domestic policies as the capacity to provide sufficient food supply through imports or domestic production is linked to government policies.

In the DDR, developed nations have promised to support the developing economies, especially low-income ones and was believed to help realize the Millennium Development Goals, particularly on eradicating global poverty in half by 2015 (Das, 2008; Bawuah-Edusei, 2006). However, nobody can end hunger for others by simply providing food aid as hunger ultimately results from economic and political constitutions that traps people in poverty (Lappe et al. 1998). To illustrate, during the Cold War, US provided aid to Soviet Union to alleviate poverty and free them from “communist threat”. Instead, what eventually emerged was promotion of free trade which created new markets for industrial exports and agriculture goods, plus thousands of jobs for the Americans (Lappé, Collins, Rosset, & Esparza, 2000).

Therefore, Bawuah-Edusei (2006) suggests that countries facing poverty, must actively participate in the DDR to strengthen the required competitive capacities, improve transportation infrastructure and include regulatory frameworks and domestic policies to prevent being poorer off when other developing countries start overtaking them from increased market access. This is essential in addition to aid from developed countries, as some domestic policies are needed for governments to ensure continuous improvement of society welfare from their end.

CONCLUSION

            Although Friedman’s “Golden Straightjacket” should be donned to improve economies and gain greater market access, there should be room for tailoring to suit the different “sizes” of different nations. Like humans, every country come in different sizes, shape and most importantly, different needs. The needs of developed nations revolve around increased market access while the developing nations emphasizes on growing economies and developing new industries. On that basis, the developed and developing should not be wearing the same “outfit”. However, this does not propose removing trade liberalisation entirely as countries do gain from trading based on comparative advantage. The best solution here would be adopting the Bretton Woods compromise or global governance approach instead of “the Golden Straightjacket” as it allows more flexibility for policy space to be introduced. The DDR is currently the best platform to fight for much needed policy space. As examined here, some protection of agricultural products, certain infant industries and less stringent IPRs could all play to the benefit of developing countries as they slowly reach maturity. In addition, allowing some policy space provides society welfare gains through easier access to patented drugs and also aid for poverty. In a nutshell, having policy space within trade liberalisation is essential for developing nations and the developed countries should understand this since they became industrial using the same protectionist methods. As what Chang (2007) has said, “The secret of success lay in a mix of protection and open trade, government regulations and free-ish market”.  

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