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GATT - WTO GATT - WTO

GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

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Page 1: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

GATT - WTOGATT - WTO

Page 2: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

Context: Pre-war depression “cured” by Context: Pre-war depression “cured” by WWII - unlikely to be a regular economic WWII - unlikely to be a regular economic policy option.policy option.

Depression caused by protectionism.Depression caused by protectionism. Depressions causes political instability.Depressions causes political instability. Political instability causes warPolitical instability causes war

Ergo: Need to end protectionismErgo: Need to end protectionism

Page 3: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Harry S. Truman, US Harry S. Truman, US PresidentPresident

Page 4: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

Thus - US leads campaign for postwar trade Thus - US leads campaign for postwar trade regime based upon:regime based upon:

Classic (economic) liberal principle of Classic (economic) liberal principle of comparative advantage. In effect:comparative advantage. In effect:

Tariffs would be loweredTariffs would be lowered Each country to specialise in production of Each country to specialise in production of

those goods it produced best (trading with those goods it produced best (trading with other countries as appropriate).other countries as appropriate).

In theory all countries would be better off as In theory all countries would be better off as a result.a result.

Page 5: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

1947: Originally US vision for 1947: Originally US vision for postwar trade regime to be postwar trade regime to be encapsulated in creation of encapsulated in creation of International Trade Organisation. Met International Trade Organisation. Met domestic opposition.domestic opposition.

GATT - established as temporary GATT - established as temporary agreement to provide basis for trade agreement to provide basis for trade negotiation underway in Geneva.negotiation underway in Geneva.

Page 6: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

In consequence US effectively In consequence US effectively dominated GATT. dominated GATT.

For example:For example: The eight trade rounds that The eight trade rounds that

constituted GATT for example, constituted GATT for example, were typically initiated by grants of were typically initiated by grants of negotiating authority from the US negotiating authority from the US congress to the US Presidentcongress to the US President

Page 7: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

GATT embodies 1st world rules/ GATT embodies 1st world rules/ assumptions for economic prosperity:assumptions for economic prosperity:

Standardised production,Standardised production, Vast scale of production, Vast scale of production, Endless expansion of markets Endless expansion of markets

combine to create the engine for global combine to create the engine for global economic growth economic growth

Page 8: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

GATT based on four norms:GATT based on four norms: Most-Favoured NationMost-Favoured Nation ReciprocityReciprocity ExemptionsExemptions Development NormDevelopment Norm

Page 9: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

Most-Favoured NationMost-Favoured Nation

All members agree to extend unconditional All members agree to extend unconditional MFN status to one another - no country MFN status to one another - no country receives preferential treatment not receives preferential treatment not accorded to all other MFN countries. accorded to all other MFN countries.

Any benefits acquired by one country are Any benefits acquired by one country are automatically extended to all MFN partnersautomatically extended to all MFN partners

Only exceptions to this rule are customs Only exceptions to this rule are customs unions (e.g. EU, NAFTA)unions (e.g. EU, NAFTA)

Page 10: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

ReciprocityReciprocity

Any country that benefits from another’s tariff Any country that benefits from another’s tariff reduction should reciprocate to an equivalent reduction should reciprocate to an equivalent extent. extent.

In theory then, fair and equitable tariff In theory then, fair and equitable tariff reductions by all countries are ensured. reductions by all countries are ensured.

Taken with the MFN principle, reciprocity is Taken with the MFN principle, reciprocity is intended to create a “downward spiral” of intended to create a “downward spiral” of tariffs.tariffs.

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General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

ExemptionsExemptions

Regarded as acceptable if:Regarded as acceptable if:– temporarytemporary– imposed for short-term balance-of-imposed for short-term balance-of-

payments reasonspayments reasons– country experiencing severe market country experiencing severe market

disruptions due to increased importsdisruptions due to increased imports

Page 12: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

Development NormDevelopment Norm added (from added (from 1965 onwards) allowing:1965 onwards) allowing:

1. Unilateral/unreciprocated tariff 1. Unilateral/unreciprocated tariff reductions by developed countries reductions by developed countries on imports from developing on imports from developing countriescountries

2. Export subsidies by developing 2. Export subsidies by developing countries.countries.

Page 13: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

GATT until the 1980s focused (very GATT until the 1980s focused (very successfully) on reducing manufacturing tariffs: successfully) on reducing manufacturing tariffs:

1948 - 19931948 - 1993 Reduction in official tariffs on Reduction in official tariffs on manufacturing manufacturing from 40% from 40%

to 5%to 5% Global trade increases by factor of four (mainly Global trade increases by factor of four (mainly

benefiting 1st world - by 1990s 20% of the world’s benefiting 1st world - by 1990s 20% of the world’s population does 80% of international trade.)population does 80% of international trade.)

SO - GATT A (BUT NOT THE ONLY) FACTORSO - GATT A (BUT NOT THE ONLY) FACTOR BEHINDBEHIND GLOBALISATIONGLOBALISATION

Page 14: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

General Agreement on General Agreement on Tariffs and TradeTariffs and Trade

GATT and film: GATT and film: 1947 - Preparatory meeting in Geneva. US 1947 - Preparatory meeting in Geneva. US

delegation “worked vigorously to secure delegation “worked vigorously to secure agreement” for inclusion of provision under agreement” for inclusion of provision under GATT under which “all film restrictions GATT under which “all film restrictions would be removed except quotas on would be removed except quotas on playing time for domestically produced playing time for domestically produced motion pictures.” motion pictures.”

MPEA Paris Rep, worked closely with the US MPEA Paris Rep, worked closely with the US delegation throughout.delegation throughout.

Page 15: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

GATT Article IV - SPECIAL GATT Article IV - SPECIAL PROVISIONS RELATING TO PROVISIONS RELATING TO CINEMATOGRAPH FILMSCINEMATOGRAPH FILMS

Quantitative regulations relating to films Quantitative regulations relating to films limited to screen quotas - governments could limited to screen quotas - governments could require the exhibition of cinematograph films require the exhibition of cinematograph films of national origin during a specified minimum of national origin during a specified minimum proportion of the total screen time actually proportion of the total screen time actually utilized, over a specified period of not less utilized, over a specified period of not less than one year.than one year.

The quotas were to be subject to negotiation The quotas were to be subject to negotiation for their limitation, liberalization or elimination.for their limitation, liberalization or elimination.

Page 16: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

GATT - From Geneva to GATT - From Geneva to UrurguayUrurguay

Despite Article 4, GATT manufacturing Despite Article 4, GATT manufacturing focused until 1980s. focused until 1980s.

By 1990s, however, services sector By 1990s, however, services sector outstrips value of manufacturing:outstrips value of manufacturing:

70% of 1st world GDP70% of 1st world GDP 50% of 3rd world GDP50% of 3rd world GDP

GATT slow to recognise this - services GATT slow to recognise this - services notoriously hard to quantifynotoriously hard to quantify

Page 17: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

However de-industrialisation in the However de-industrialisation in the 1960s and 1970s has left the US the 1960s and 1970s has left the US the most indebted nation in the worldmost indebted nation in the world

As of 1993 - the US recorded As of 1993 - the US recorded international trade surpluses from international trade surpluses from the aerospace and audiovisual the aerospace and audiovisual industries - and nowhere else.industries - and nowhere else.

Page 18: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

Hence - September 1986 Punta del Hence - September 1986 Punta del Este Declaration placed Trade in Este Declaration placed Trade in Services (TIS) at centre of GATT Services (TIS) at centre of GATT debates.debates.

Driven by US pressure (in turn Driven by US pressure (in turn influenced by American Express, influenced by American Express, Citibank and IBM lobbyists)Citibank and IBM lobbyists)

TIS included: film, TV and broadcast TIS included: film, TV and broadcast advertising production and distributionadvertising production and distribution

Page 19: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

““Cinema used to be side salad in Cinema used to be side salad in world commerce - now it’s the world commerce - now it’s the beef.”beef.”

Daniel Toscan du Plantier - Daniel Toscan du Plantier - President of French Govt. Film President of French Govt. Film Marketing BodyMarketing Body

Page 20: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

US objected to the the following barriers US objected to the the following barriers to trade in audiovisual products:to trade in audiovisual products:

Local media content quotasLocal media content quotas Restrictions on foreign ownership of the Restrictions on foreign ownership of the

presspress Subsidies to screen industriesSubsidies to screen industries Subvention and diplomacy designed to Subvention and diplomacy designed to

assist a/v industries in exporting their assist a/v industries in exporting their productproduct

Page 21: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round The US makes these objections in the following The US makes these objections in the following

context:context: The US government endorses trust-like behaviour The US government endorses trust-like behaviour

overseas whilst prohibiting it domestically.overseas whilst prohibiting it domestically. The US government has a long history of aiding its The US government has a long history of aiding its

own film industry through:own film industry through: tax-credit schemes, tax-credit schemes, film commission assistance, film commission assistance, State and Commerce Department Representation,State and Commerce Department Representation, The Informational Media Guaranty ProgrammeThe Informational Media Guaranty Programme

Page 22: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

What’s more the Justice What’s more the Justice Department is authorised to Department is authorised to classify all imported films which it classify all imported films which it can ban as “political propaganda”.can ban as “political propaganda”.

Page 23: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round EU A/V Deficit 1992 - 1996 (in EU A/V Deficit 1992 - 1996 (in

$000,000s)$000,000s) 19921992 19931993 19961996 33753375 37203720 56005600

To put this in context: in 1992 the EU To put this in context: in 1992 the EU imported $3.7bn in a/v material from imported $3.7bn in a/v material from the US whilst the US imported just over the US whilst the US imported just over $300m (less than 10% of exports to EU) $300m (less than 10% of exports to EU) of Euro a/v material.of Euro a/v material.

Page 24: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

Despite the inclusion of TIS in the UR, the major Despite the inclusion of TIS in the UR, the major focus from 1986-93 was on reducing agricultural focus from 1986-93 was on reducing agricultural export subsidies (e.g. the EU’s CAP).export subsidies (e.g. the EU’s CAP).

Deadline for agreement December 15 1993. Deadline for agreement December 15 1993. Farm issue settled December 7.Farm issue settled December 7.

Suddenly replaced by dispute over a/v Suddenly replaced by dispute over a/v industries.industries.

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Uruguay RoundUruguay Round

Mickey KantorMickey Kantor Jack LangJack Lang US Trade RepresentativeUS Trade Representative French Minister for French Minister for

at GATT talks at GATT talks CultureCulture

Page 26: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

From the outset of the UR US attempts From the outset of the UR US attempts to remove support for a/v industries to remove support for a/v industries almost universally opposed, esp. by almost universally opposed, esp. by India, Canada, Japan, Australia, Europe India, Canada, Japan, Australia, Europe and the Third World - in the name of and the Third World - in the name of cultural sovereignty.cultural sovereignty.

In the last week, however, the dispute In the last week, however, the dispute became the US versus EU (and mainly became the US versus EU (and mainly France)France)

Page 27: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

US Position - Sought end to all EU subsidies US Position - Sought end to all EU subsidies and quotas arguing from the precepts of and quotas arguing from the precepts of neoclassical economics for untrammelled neoclassical economics for untrammelled play of comparative advantage inside laws of play of comparative advantage inside laws of supply and demand.supply and demand.

French position - cultural products are public French position - cultural products are public as well as private goods with a historical and as well as private goods with a historical and national significance which couldn’t be national significance which couldn’t be captured within economic formulascaptured within economic formulas

Page 28: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

““Culture is synonymousCulture is synonymous with the soul of a nationwith the soul of a nation and the memory of itsand the memory of its people, not a good to bepeople, not a good to be bought and sold.”bought and sold.”

Francois MitterrandFrancois Mitterrand

Page 29: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round Reason for prolongation of dispute - use of Reason for prolongation of dispute - use of

differing premises:differing premises: US - justified monopolistic competition on the US - justified monopolistic competition on the

grounds of the sovereign consumergrounds of the sovereign consumer French - justified state support on the ground of French - justified state support on the ground of

the sovereign citizenthe sovereign citizen

The consumer was a fully formed subject making a The consumer was a fully formed subject making a rational choice in favour of entertainment and rational choice in favour of entertainment and distraction the citizen was an insufficiently distraction the citizen was an insufficiently knowing subject in need of education in civicsknowing subject in need of education in civics

Page 30: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

In Ireland concern expressed that In Ireland concern expressed that the US, if successful, would the US, if successful, would demand end of:demand end of:

EurimagesEurimages Irish Film BoardIrish Film Board ““TV Without Frontiers”directiveTV Without Frontiers”directive

Page 31: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

French and US dig in their heels.French and US dig in their heels.

Dec 12 - US accepts continuation Dec 12 - US accepts continuation of state subvention of cultural of state subvention of cultural production in Europe (and production in Europe (and elsewhere) but pushed issue of elsewhere) but pushed issue of levies on cinema/video levies on cinema/video tickets/rentals.tickets/rentals.

Page 32: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

Specifics:Specifics:

French subsidy system levied an 11% French subsidy system levied an 11% tax on cinema tickets - used to fund tax on cinema tickets - used to fund some 150 films per annumsome 150 films per annum

Mickey Kantor pointed out that the Mickey Kantor pointed out that the majority of tickets sold in France were majority of tickets sold in France were for US films for US films

Page 33: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

Therefore Jurassic Park subsidising Germinal. Therefore Jurassic Park subsidising Germinal. US sought access to subsidies for US producersUS sought access to subsidies for US producers

Page 34: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round 3 am December 14 19933 am December 14 1993 US still seeking:US still seeking: EU free to continue reserving 51% of local TV EU free to continue reserving 51% of local TV

programming for European production but thus should programming for European production but thus should apply to 24 hour day as a whole (e.g. France was apply to 24 hour day as a whole (e.g. France was entirely banning US material from primetime)entirely banning US material from primetime)

For satellite, cable (new techs) - Us willing to allow EU For satellite, cable (new techs) - Us willing to allow EU to reserve 50-70% of all channels but opposed to reserve 50-70% of all channels but opposed application of EU “must carry” 51% Euro content rules application of EU “must carry” 51% Euro content rules to every channel (potential source of difficulty for to every channel (potential source of difficulty for Comedy Channel, Nickelodeon, Discovery - indeed Comedy Channel, Nickelodeon, Discovery - indeed Sky)Sky)

Page 35: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

US artists/producers entitled to fair share of US artists/producers entitled to fair share of levies raised from blank audio and video levies raised from blank audio and video tapes but would commit to investing the tapes but would commit to investing the funds raised in Europe. Film and television funds raised in Europe. Film and television industriesindustries

Pay-per-view and video-on-demand channels Pay-per-view and video-on-demand channels should not be restricted since consumers should not be restricted since consumers could make a free choice to watch one film could make a free choice to watch one film rather than another and pay for that choice.rather than another and pay for that choice.

Page 36: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Uruguay RoundUruguay Round

EU offered:EU offered:

Standstill on existing legislationStandstill on existing legislation No more than 51% of programming No more than 51% of programming

would be reservedwould be reserved Commitment to begin negotiations on Commitment to begin negotiations on

how the a/v sector should be handled how the a/v sector should be handled multilaterallymultilaterally

SO WHAT HAPPENS?SO WHAT HAPPENS?

Page 37: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression
Page 38: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Final Outcome - an Final Outcome - an agreement to disagree.agreement to disagree.

Mickey Kantor:Mickey Kantor: Rather than accepting that EU proposal Rather than accepting that EU proposal

which “would have enshrined the which “would have enshrined the principle of limiting viewer’s rights to principle of limiting viewer’s rights to see what they wish…and recognised a see what they wish…and recognised a system which denies artists and system which denies artists and producers the right to funds they have producers the right to funds they have legally earned through royalties” legally earned through royalties” Kantor rejected any deal.Kantor rejected any deal.

Page 39: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Final Outcome - an Final Outcome - an agreement to disagree.agreement to disagree.

““We can best advance the interests of We can best advance the interests of our artists, performers and producers - our artists, performers and producers - and the free flow of information and the free flow of information around the world - be reserving all our around the world - be reserving all our legal rights to respond to policies that legal rights to respond to policies that discriminate in these areas.”discriminate in these areas.”

Mickey Kantor Dec 15 1993Mickey Kantor Dec 15 1993

Page 40: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Final Outcome - an Final Outcome - an agreement to disagree.agreement to disagree.

““A great and fine victory for French A great and fine victory for French and European culture…We got what and European culture…We got what we wanted from the start, which is we wanted from the start, which is basically the cultural exception.”basically the cultural exception.”

Alain Carignon, Alain Carignon, French Communications MinisterFrench Communications Minister

Page 41: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Who won the Uruguay Who won the Uruguay round?round?

Everybody a winner? Success by contrast Everybody a winner? Success by contrast might add $270 billion to world income by might add $270 billion to world income by 2002 (GATT, OECD & World Bank estimates). 2002 (GATT, OECD & World Bank estimates).

Much of the discussion re: the Uruguay round Much of the discussion re: the Uruguay round stressed the dire consequences of failure. stressed the dire consequences of failure.

Arguably “the only clear winners from the Arguably “the only clear winners from the freeing of world trade under GATT rules may freeing of world trade under GATT rules may be those 500 or so companies which control be those 500 or so companies which control two-thirds of that trade.”two-thirds of that trade.”

Barrie Axford, The Global SystemBarrie Axford, The Global System

Page 42: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

Who won the Uruguay Who won the Uruguay round?round?

Uruguay round brought economic Uruguay round brought economic imperatives and cultural institutions imperatives and cultural institutions head-to-head.head-to-head.

Under UR - any rule of institution that Under UR - any rule of institution that might hinder another nation’s goods or might hinder another nation’s goods or services from entering freely will be services from entering freely will be counted as a tariff. Such tariffs must counted as a tariff. Such tariffs must be reduced.be reduced.

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Who won the Uruguay Who won the Uruguay round?round?

However in some cases these hindrances are However in some cases these hindrances are not rules but ways of life or means of not rules but ways of life or means of supporting cultural diversity:supporting cultural diversity:

Hence French defence of film subsidies but Hence French defence of film subsidies but also…also…

US negotiators considered as restraint of trade US negotiators considered as restraint of trade the Japanese practice - the Japanese practice - hokoosha tengokuhokoosha tengoku - of - of encouraging small shops in pedestrian streets encouraging small shops in pedestrian streets since it interfered with thew prospects of US since it interfered with thew prospects of US traders for establishing large out-of-town traders for establishing large out-of-town shopping facilities in Japan.shopping facilities in Japan.

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Who won the Uruguay Who won the Uruguay round?round?

French claim victory over a/v negotiationsFrench claim victory over a/v negotiations

Yet despite the absence of any specific commitments Yet despite the absence of any specific commitments on a/v industry, the sector was still included within on a/v industry, the sector was still included within the general framework of the Uruguay Round of trade the general framework of the Uruguay Round of trade negotiations under GATT (specifically the GATS - negotiations under GATT (specifically the GATS - General Agreement on Trade in Services). General Agreement on Trade in Services).

Thus it would be subject to the rules laid down for Thus it would be subject to the rules laid down for international trade generally, particularly in international trade generally, particularly in connection with transparence and settlement of trade connection with transparence and settlement of trade conflicts at GATT level.conflicts at GATT level.

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Who won the Uruguay Who won the Uruguay round?round?

Also meant that the a/v industry would Also meant that the a/v industry would come under the dispute resolution come under the dispute resolution mechanisms of the mechanisms of the WTOWTO

WTO designed as successor to GATT - WTO designed as successor to GATT - responsible for ensuring growth and responsible for ensuring growth and liberalisation of world trade, policing liberalisation of world trade, policing observance of Uruguay Round rules and observance of Uruguay Round rules and settling trade conflictssettling trade conflicts

Page 46: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

GATT is dead, Long live GATT is dead, Long live WTOWTO

Actually GATT rules still form basis of WTO’s Actually GATT rules still form basis of WTO’s operations.operations.

WTO:WTO: Secretariat (of 500 people) based in Geneva. Secretariat (of 500 people) based in Geneva.

Main functions to supply technical support to Main functions to supply technical support to WTO’s various councils, committees and WTO’s various councils, committees and ministerial conferences.ministerial conferences.

Page 47: GATT - WTO General Agreement on Tariffs and Trade n Context: Pre-war depression cured by WWII - unlikely to be a regular economic policy option. n Depression

WTO StructureWTO Structure

Ministerial ConferenceMinisterial Conference

General CouncilGeneral Council

Goods CouncilGoods Council Services CouncilServices Council Intellectual Property Council Intellectual Property Council

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WTO operationWTO operation

Ministerial Council meets every Ministerial Council meets every two years. Sets general aims of two years. Sets general aims of WTO. WTO.

Council membership made up of Council membership made up of 130 countries, representing 90%+ 130 countries, representing 90%+ of world tradeof world trade

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WTO and WTO and media/communicationsmedia/communications WTO treats these industries in the WTO treats these industries in the

context of the GATScontext of the GATS

The GATS formally consists of:The GATS formally consists of: 29 articles, 8 annexes, and 130 schedules of 29 articles, 8 annexes, and 130 schedules of

commitments (each WTO Member must submit commitments (each WTO Member must submit a schedule) on specific services or service a schedule) on specific services or service sectors. sectors.

The articles of the GATS lay out the scope of The articles of the GATS lay out the scope of the Agreement and the general obligations the Agreement and the general obligations and disciplines to be observed. and disciplines to be observed.

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WTO and WTO and media/communicationsmedia/communications

The GATS formally consists of:The GATS formally consists of:

They also define the specific commitments to They also define the specific commitments to be inscribed in schedules and how to go about be inscribed in schedules and how to go about negotiating them. negotiating them.

Finally, there are provisions for dispute Finally, there are provisions for dispute settlement and the establishment of the settlement and the establishment of the Council for Trade in Services.Council for Trade in Services.

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WTO and WTO and media/communicationsmedia/communications

GATS principles:GATS principles:

Covers all servicesCovers all services MFNMFN National treatment only applies National treatment only applies

where specific commitments are where specific commitments are mademade

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Definition of ServicesDefinition of Services

Ways of providing international services Ways of providing international services defined as:defined as:

Services supplied from one country to Services supplied from one country to another (e.g. telecoms)another (e.g. telecoms)

Consumers/firms making use of service in Consumers/firms making use of service in another country (e.g. tourism)another country (e.g. tourism)

Foreign company setting up subsidiary in Foreign company setting up subsidiary in another countryanother country

Individuals travelling from home to supply Individuals travelling from home to supply services in another countryservices in another country

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What has WTO done for What has WTO done for us?us?

A/V services not directly subject to A/V services not directly subject to any WTO negotiations - yet.any WTO negotiations - yet.

Telecoms - however…:Telecoms - however…:

Feb 1997 - Basic Telecoms Feb 1997 - Basic Telecoms AgreementAgreement

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Basic Telecoms Basic Telecoms AgreementAgreement

GATT sees US push GATT sees US push (unsuccessfully) for inclusion of (unsuccessfully) for inclusion of provision on liberalising network provision on liberalising network access.access.

Issue pursues through GATT.Issue pursues through GATT.

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Basic Telecoms Basic Telecoms AgreementAgreement

Origins of the negotiations Origins of the negotiations

Marrakesh Ministerial Meeting Marrakesh Ministerial Meeting closed the Uruguay Round in April closed the Uruguay Round in April 1994. Meeting extends 1994. Meeting extends negotiations on trade in basic negotiations on trade in basic telecommunications telecommunications beyond the Uruguay Round.beyond the Uruguay Round.

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Basic Telecoms Basic Telecoms AgreementAgreement

Negotiations begin May 1994, (with Negotiations begin May 1994, (with 33 WTO Member govts), under 33 WTO Member govts), under the auspices of the Negotiating the auspices of the Negotiating Group on Basic Telecommunications Group on Basic Telecommunications (NGBT). Negotiations to conclude by 30 (NGBT). Negotiations to conclude by 30 April 1996.April 1996.

Actually takes until 1998 to implement Actually takes until 1998 to implement the final agreementthe final agreement

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Defining basic Defining basic telecommunications telecommunications

Examples of the services under Examples of the services under negotiation were voice telephony, data negotiation were voice telephony, data transmission, telex, telegraph, facsimile, transmission, telex, telegraph, facsimile, private leased circuit services (i.e. the private leased circuit services (i.e. the sale or lease of transmission capacity), sale or lease of transmission capacity), fixed and mobile satellite systems and fixed and mobile satellite systems and services, cellular telephony, mobile data services, cellular telephony, mobile data services, paging, and personal services, paging, and personal communications systems. communications systems.

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Basic Telecoms Basic Telecoms AgreementAgreement

Overview Overview

The February 1997 deadline for the The February 1997 deadline for the negotiations on basic telecoms negotiations on basic telecoms resulted in the tabling of 55 resulted in the tabling of 55 offers, covering 69 governments offers, covering 69 governments (counting individually the EU (counting individually the EU Member States)Member States)

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Basic Telecoms Basic Telecoms AgreementAgreement

Only the schedules themselves provide Only the schedules themselves provide authoritative and complete information authoritative and complete information on the telecoms services included, the on the telecoms services included, the scope of the commitments, and the scope of the commitments, and the degree (i.e. full or partial) of market degree (i.e. full or partial) of market access permitted. access permitted.

BUT...BUT...

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Basic Telecoms Basic Telecoms AgreementAgreement

- - On voice telephone service, 63 govts committed to On voice telephone service, 63 govts committed to competitive supply (permitting two or more suppliers).competitive supply (permitting two or more suppliers).

These commitments permit competition the supply of These commitments permit competition the supply of public voice services, (either immediate or phased-in)public voice services, (either immediate or phased-in)on local service, domestic long distance, and on local service, domestic long distance, and international service and resale of public voice international service and resale of public voice

telephonetelephone

In total 70% of the 62 governments were permitting a In total 70% of the 62 governments were permitting a

degree of competition in public voice service.degree of competition in public voice service.

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Basic Telecoms Basic Telecoms AgreementAgreement

Commitments on other services: Commitments on other services: 65 govts - data transmission services; 65 govts - data transmission services; 62 govts - access to cellular/ mobile telephone markets62 govts - access to cellular/ mobile telephone markets 56 govts - competition in leased circuit services (the 56 govts - competition in leased circuit services (the

supply of transmission capacity)supply of transmission capacity) 62 govts - mobile services (PCS, mobile data or paging). 62 govts - mobile services (PCS, mobile data or paging). 53 govts - mobile satellite services/transport capacity 53 govts - mobile satellite services/transport capacity 52 govts - fixed satellite services/transport capacity. 52 govts - fixed satellite services/transport capacity. 10 govts - value-added telecoms services (e.g. e-mail, 10 govts - value-added telecoms services (e.g. e-mail,

on-line data processing or data base retrieval).on-line data processing or data base retrieval).