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Review
of 'Termites in the Trading System: How Preferential
Trade Agreements Undermine Free Trade'
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Author:
Jagdish Bhagwati |
Publisher:Oxford
University Press ISBN:
978-0-19-533165-3
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Click to Enlarge
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Review
by Parthapratim Pal
Jagdish Bhagwati's new book investigates
the phenomena of surging Preferential Trade Agreements
(PTAs) among the countries and analyzes how these
PTAs undermine the world trading system and what
are the possible consequences of this proliferation
of PTAs across the world. This book, 'Termites
in the Trading System: How Preferential Trade
Agreements Undermine Free Trade' is a fascinating
tale of origin and growth of PTAs and their possible
impact on the |
global trading
system. Bhagwati's unique position as
an academic and policymaker allowed him to seamlessly
integrate various aspects of PTAs focusing on
economic history, political economy, international
trade theory and policymaking.
The first two chapters of the book are historical
accounts which analyze the genesis and evolvement
of PTAs and contain some fascinating facts.
For example, Bhagwati shows that the concept
of a PTA is older than most of us think. Referring
to a speech by WTO Director General Pascal Lamy,
Bhagwati points out that the first preferential
trade arrangements can be traced back to the
commercial treaty between the Egyptian Pharaoh
Amenophis IV and the king of Alasia during the
fourteenth century BC. This treaty exempted
Cypriot traders from customs duties in exchange
for the importation of a certain quantity of
copper and wood.
In more modern times, the growth of PTAs dates
back to the days of the great depression. During
the 1930s, most countries "intended to
divert limited world demand to one's goods to
reinflate one's economy" and adopted measures
which Joan Robinson famously described as "beggar
my neighbor" policies. Countries adopted
broadly three sets of protectionist policies
during this period. There were competitive devaluation
of currencies aimed at promoting exports, increased
trade barriers in terms of tariff and non-tariff
measures[1] and
widespread adoption of preferential trading
arrangements. This led to a massive implosion
of world trade between 1929 and 1933.
In the Post World War II period, there was a
conscious attempt to revive international trade
by general lowering of trade barriers and promoting
non-discriminatory trade under the MFN principle.
US started off as a strong proponent of non-discrimination
whereas the British were keener to hold on to
their imperial preference schemes. However,
the British economists, led by Keynes gradually
reconciled to the fact that multilateral trade
based on non-discrimination is better than "bilateral
barter and every kind of discriminatory practice".
The move towards a world of freer trade, however,
was not without its problems. The proposed third
Bretton Woods organization - the International
Trade Organization (ITO) - never materialized,
as it failed to get ratified by the US senate.
The alternate provisional arrangement, the General
Agreement on Tariffs and Trade (GATT), was used
to carry forward the multilateral trade negotiations
(MTNs). Bhagwati highlights that over the years
GATT has been successful in significantly reducing
trade barriers in manufactures in rich countries.
But ironically the seed of the meteoritic rise
of today's regionalism was sowed in a GATT rule.
A major exception to MFN principle was allowed
in GATT in the form of Article 24 which permitted
countries to form Customs Unions[2]
under certain conditions. Bhagwati argues that
GATT allowed Article 24 as it was initially
anticipated that not many countries would be
in a position to use this exception as forming
CUs are cumbersome and requires high level of
coordination among the member countries. However,
as the book highlights, the requirements of
Article 24 were gradually relaxed and USA played
a major role in this.
USA, which started the post WWII period as a
staunch supporter of multilateralism, changed
its position to fulfill some of its strategic
objectives. Bhagwati gives two such examples,
the first one being a secret US-Canada free
trade agreement which incidentally never took
off. The second objective was to facilitate
European integration which was to act as a potential
counterweight to the Soviet Union. Article 24
was further diluted during the Tokyo Round of
GATT when the 'Enabling Clause'
was introduced. The 'Enabling Clause'
was required to legitimize unilateral tariff
concessions given to developing countries by
the developed countries. However, it also allowed
developing countries to form PTAs without having
to fulfill any of the conditionalities of Article
24. These loopholes allowed countries to form
PTAs without violating WTO rules.
Analyzing the factors which led to the spread
of regionalism since the establishment of GATT,
Bhagwati concludes that intellectual misunderstanding
about the potential costs and benefits of PTAs,
eagerness of politicians to sign such agreements
and dilution of the requirements of Article
24 led to the wave of regionalism which was
seen during the 1970s. The "rush to discrimination"
by Western Europe in the 1960s and USA's
increased involvement in regional agreements
like NAFTA also helped the growth of PTAs.
There are a number of new elements which further
fuelled the proliferation of regionalism in
the 1990s. A major role was played by the USA
which started signing bilateral trade deals
with a number of countries due to various political
and economic reasons[3].
During this period, EU also started seeking
preferential trade partners with other countries.
Developing countries joined this bandwagon and
this led to the massive proliferation of PTAs
in the 1990s. One interesting feature of the
present wave of regionalism is that both North-South
and South-South agreements are on the rise.
Bhagwati highlights a number of factors which
motivated developing countries to increase their
participation in PTAs. According to him, intra-developing
country PTAs happen because some developing
countries are reluctant to fully liberalize
trade vis-à-vis developed countries and
prefer to 'test the water' only by liberalizing
trade with other developing countries. Some
developing countries prefer PTAs as it gives
them more bargaining power in multilateral negotiations.
He also feels that some developing countries
may be signing PTAs as possible insurance against
a possible failure of the Doha Round.
Bhagwati argues that the motivations are different
for PTAs between a developing country and a
hegemonic power. As hegemonic powers like US
and EU are increasingly getting involved in
PTAs with some developing countries, it has
prompted other developing countries to seek
participation in PTAs with these developed countries
as a defensive necessity against a possible
exclusion from these markets. Some developing
countries also view PTAs with hegemonic powers
as a strategic move to consolidate peace and
increase regional security. From the point of
view of the bigger economic power, or the hegemon,
the motivation to favour such PTAs often come
from the possibility of pushing many trade unrelated
clauses through the PTAs than it is possible
under the MTN. This may include labour and environmental
laws, stricter patent regimes etc.
As trading within preferential trade blocks
does not come under the purview of WTO, there
is a strong apprehension that they are weakening
the multilateral trading system. To use Bhagwati's
words, "Acting like termites, PTAs are
eating away at the multilateral trading system
relentlessly and progressively". To illustrate
how pervasive the exception to the MFN clause
has become, Bhagwati points out that European
Union has MFN tariff rates only for six countries-
USA, Australia, New Zealand, Canada, Japan and
Taiwan. So the MFN has, in effect, become the
LFN or the least preferred nation.
The third chapter deals with the problems of
preferential trade agreements. It starts with
the issues of trade creation and trade diversion[4].
Bhagwati suggests that in the context of modern
day international trade, the negative effects
of trade diversion is likely to dominate over
the positive effects of trade creation in PTAs.
This is likely to happen because countries operate
on a thin margin nowadays and even a small preferential
margin can tilt the balance of competitiveness.
Secondly, countries can push up their applied
tariff rates or introduce administered measures
like anti-dumping policies to increase the preferential
margins and thereby further exacerbate the problems
of trade diversion[5].
Bhagwati also does not agree with the views
of Summers (1991) and Krugman (1991) that the
possibility of trade diversion is low if the
PTA members are natural trading partners. However,
one question which could have also been addressed
in this chapter is whether and how do the arguments
regarding trade diversion change if one relaxes
the assumptions of perfect competition and full
employment in an economy. This is important
for developing countries as most of them face
high unemployment rates.
With a surge in the number of PTAs, there has
been an increase in overlapping RTAs where certain
rules, especially the Rules of Origin (ROO)
are not mutually consistent. Bhagwati argues
that such uncoordinated growth of PTAs may lead
to a complex system of regulatory structures
and preferences where market access for products
in one particular country will vary widely depending
on their alleged origin. This phenomenon, termed
as the "spaghetti-bowl" problem
by Bhagwati, will lead to increased complexity
and lack of transparency in the global trading
system.
This chapter also has a detailed discussion
about the tendency of developed countries to
push non-trade issues through PTAs. Bhagwati
reveals how powerful lobbies from US and the
European Union managed to push in the laws regarding
intellectual property rights in the WTO framework.
Bhagwati warns that similar lobbies, under the
patronage of hegemonic powers, will try to force
more extraneous or non-trade issues on the developing
countries through PTAs. There are some examples
given in the book where developed countries
have managed to include non-trade issues like
stricter patent laws, labour and environmental
clauses through PTAs. For developing countries
currently negotiating PTAs with developed countries
it is also worth pointing out that US has used
PTAs to influence completely non-trade issues
like capital control. Bhagwati says that this
is primarily done to protect the interests of
the financial lobby in the USA. It is noteworthy
here that John Williamson has also pointed out
that after the Asian crisis, PTAs are used by
the US treasury to impose non-trade related
issues like free movement of capital on developing
countries[6]. Developing
countries, in spite of knowing the fact that
capital controls are indeed good for the stability
of an economy, often has to accept such preconditions
because of the pressure from the hegemonic power.
Moreover, when a developing country accepts
these issues on a bilateral level, it is likely
to become difficult for that developing country
to resist the same issues on a multilateral
platform. This not only helps developed countries
push these issues in WTO, but it also has the
potential to break the alliance of developing
countries in the multilateral negotiations.
This chapter concludes that PTAs, especially
the North-South PTAs are not only problematic
for developing countries due to the aforementioned
reasons, PTAs also affect multilateral trade
negotiations by diverting negotiating power
and policy focus away from the multilateral
trade negotiations. Therefore, PTAs generally
tend to act as "stumbling blocks"
for the multilateral world trading system.
In the last chapter, Bhagwati examined the possible
ways to counter the problems arising out of
increasing PTAs. After deliberating different
policy options, Bhagwati suggests that increased
tariff liberalization through multilateral mechanism
will be the best solution to eliminate the menace
of PTAs. The logic is quite straight forward.
Preferences are difference between MFN rates
and preferential rates. If MFN tariff rates
are brought down to negligible levels, then
it virtually eliminates the preference margin.
Though Bhagwati reckons that there may be political
opposition to lowering of MFN rates to such
low levels, he believes that it is the best
way to deal with the "termites".
This book is a must read for anybody interested
in international trade theory and policy. The
best part of this book is that along with being
very informative and thought provoking, it is
also fun to read as Bhagwati has thrown generous
amounts of insider tidbits and jokes from the
world of academia and policy making. However,
a few observations stand out after reading the
book. First, the book shows that USA has not
been a fair player in the international trade
arena. It has changed its positions according
to its economic, political or strategic convenience
and has used and abused the existing trade laws.
Bhagwati's book indicates that in many
cases USA, to help its different lobbies, has
repeatedly bend the trade laws and pressurized
smaller countries to accept policies which are
harmful for them.
Second, the book, willy-nilly, has focused the
discussion exclusively on trade in manufactured
goods. Discussions on substantive issues arising
out of international trade in agricultural commodities
and services are almost absent in this book.
One way to justify this can be to argue that
nature of goods should not change the theoretical
arguments in favour of against PTAs. While that
is true, we must keep in mind that the choice
policymakers are making here is between PTAs
and the multilateral trade regime. While trade
in manufactured goods has been under the GATT
rules since its inception, agriculture and services
have been effectively covered only from the
Uruguay Round. As a result, agriculture and
services segments suffer from much more trade
distortions at the multilateral level. Consequently,
the actual comparison is really between two
second-best situations – a multilateral
trading system, which still has major distortions
and PTAs which theoretically may offer an inferior
solution. It is notable here that it is not
NAMA (non-agricultural market access) which
is holding up the negotiation in the Doha Round
but it is the disagreement regarding distortions
in agriculture where the negotiations are stuck.
Some more discussion in this book on some of
these issues would have been useful from the
perspective of developing countries.
Thirdly, the multilateral trade liberalization
has not progressed well and there are major
concerns among WTO Members regarding implementation
related problems of WTO. In many cases developing
countries feel that developed country Members
of WTO have managed to evade WTO regulations
by clever manipulation of WTO rules. As a result,
their faith on multilateralism has waned. Because
of this dissatisfaction with the WTO and given
the problems of North-South PTAs which have
been discussed elaborately by Bhagwati in this
book, South-South PTAs have merged as particularly
useful policy alternatives.
Fourth, some researchers like Akyuz (2005) and
Chang (2002) have argued that WTO commitments
restrict policy space available to the developing
countries and prevent them from adopting domestic
and industrial policies used by currently developed
countries. Bhagwati clearly highlights that
provisions of most North-South PTAs go well
beyond the WTO rules and are likely to impose
much more restrictions on the developing countries.
Interestingly, Bhagwati indicates that these
problems are generally absent for South-South
PTAs[7]. Given these
advantages of South-South PTAs, these are increasingly
preferred by developing countries. As Bhagwati
is a strong proponent of multilateralism, he
surely has some sound arguments against these
apparent advantages of South-South PTAs. It
will be interesting to see Bhagwati's take on
these topics.
Finally, Bhagwati uses a version of a skit on
Lady Diana's death found on the internet
to describe globalization. It goes as follows:
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"An English princess with an Egyptian
boyfriend
Crashes in a French tunnel,
Driving a German car with a Dutch engine,
Driven by a Belgian who was drunk on Scottish
whisky,
Followed closely by Italian Paparazzi,
On Japanese motorcycles;
Treated by an American doctor,
Using Brazilian medicines.
This is sent to us by a Canadian,
Using Bill Gates 's American technology,
And you're probably reading this on a computer,
That uses Taiwanese chips,
And a Korean monitor,
Assembled by Bangladeshi workers
In a Singapore plant,
Transported by Indian lorry-drivers,
hijacked by Indonesians,
Unloaded by Sicilian longshoremen,
And trucked to you by Mexican illegal"
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The form of globalization emphasized by this
skit ironically brings out a clear asymmetry
between countries. It also shows that globalization
may not bring the most desirable outcome for
all the countries concerned. Trade liberalization,
solely based on comparative advantage, is likely
to perpetuate the asymmetry that is quite evident
from this 'witticism'. Bhagwati's
prescribed solution of removing all sorts of
trade barriers to tame the 'termites'
may not address this serious problem.
References:
Akyüz, Yilmaz (2005): "The WTO negotiations
on industrial tariffs: what is at stake for
developing countries?" RIS Discussion Paper
No. 98. Research and Information Service for
Developing Countries, New Delhi.
Bhagwati, J. (1993): 'Regionalism and Multilateralism:
An Overview,' in Melo and Panagariya eds. New
Dimensions in Regional Integration, Cambridge
University Press, Cambridge.
Chang Ha-Joon (2002): Kicking Away the Ladder.
Anthem Press, London.
Krugman, P. (1991): 'Is Bilateralism Bad?' in
E. Helpman and A. Razin (eds.), International
Trade and Trade Policy, Cambridge, Mass.: MIT
Press.
Summers, L.,( 1991): 'Regionalism and the World
Trading System'. -Policy Implications of Trade
and Currency Zones. Wyoming: Federal Reserve
Bank of Kansas City
Viner, Jacob (l950): The Customs Union Issue,
Carnegie Endowment for International Peace,
New York.
Williamson, John (2006): "Why Capital Account
Convertibility in India Is Premature",
The Economic and Political Weekly, VOL 41 No.
19 May 13 - May 19, 2006
August 10, 2009.
[1] One example of such policies
was the infamous Smoot Hawley tariff act which
pushed US tariff rates to historically high
levels.
[2] A Customs Union (CU) provides
deeper integration than a normal PTA because,
unlike PTAs where member countries are free
to maintain their individual level of tariff
barriers for goods imported from non-member
countries, in a CU, member countries also apply
a Common External Tariff (CET) on a good imported
from outside countries. The CET can vary across
goods but not across union partners.
[3] Bhagwati, in another paper,
says:, "the main driving force for regionalism
today is the conversion of the United States,
hitherto an abstaining party to Article XXIV."
Bhagwati (1993) Pp. 29.
[4] Viner (1950) introduced
the concepts of 'trade creation' and 'trade
diversion' and showed that the net effect of
trade liberalization on a regional basis is
not unambiguously positive. Viner pointed out
that PTAs can lead to trade creation if, due
to the formation of the regional agreement,
PTA members switch from inefficient domestic
producers and import more from efficient producers
from other members of the PTA. In this case,
efficiency gains arise from both production
efficiency and consumption efficiency. On the
other hand, trade diversion takes place if,
because of the PTA, members switch imports from
low-cost production in the rest of the world
and import more from higher-cost producers in
the partner countries. Trade diversion lowers
welfare of not only the partner countries but
the rest of the world also.
[5] Article 24 requires that
external tariff cannot be raised when forming
a PTA. This ensures that non-members are not
harmed. However, all WTO rules are based on
the 'bound Tariff rates'. The actual tariff
rates imposed by countries (which are called
the applied tariff rates) are often lower than
the bound rates. So the WTO Members cannot be
prevented from raising their applied tariff
rates as long as these rates are below the bound
rates.
[6] Willianson (2006) says:
"When countries wanted to negotiate bilateral
free trade agreements with the US, they found
the treasury insisted that US negotiators demand
that the partner country should commit itself
to never reimposing effective capital controls
for any length of time". Pp1848.
[7] Bhagwati, in this book,
says "it is noteworthy that PTAs among
poor countries are almost never characterized
by the inclusion of such trade-unrelated issues.
They concentrate exclusively on trade liberalization.
It is only when hegemonic powers… are
involved that one finds the inclusion of such
extraneous matters." Pp72.
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