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GATT – General Agreement on Trade and Tariff

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1 GATT – General Agreement on Trade and Tariff
Name- Ria Tandon B.A. , LL.B R

2 GATT- Introduction Foundation- GATT was signed by 23 nations in Geneva on October 30, 1947 and took effect on January 1, 1948. It lasted until the signature by 123 nations in Marrakesh on April 14, 1994 of the Uruguay Round Agreements, which established the World Trade Organization (WTO) on January 1, 1995. Outcome of the failure to set up ITO .

3 GATT?? Treaty or Organization ?
Was the outcome of the failure of negotiating governments to create the ITO The Bretton Woods Conference introduced the idea for an organization to regulate trade as part of a larger plan for economic recovery after World War II As governments negotiated the ITO, 15 negotiating states began parallel negotiations for the GATT as a way to attain early tariff reductions Once the ITO failed in 1950, only the GATT agreement was left.

4 Objectives Was designed To provide an international forum
That encouraged free trade between member states By regulating and reducing tariffs on traded goods Providing a common mechanism for resolving trade disputes.

5 GATT Five Key Principles in GATT:
1. trade barriers should be lowered in general and quotas should be eliminated 2. trade barriers should be applied on MFN basis – no discrimination among trading partners 3. national treatment – imported goods treated same as domestic goods

6 GATT Five Key Principles in GATT
4.tariff concessions, once made, cannot be rescinded without compensating trade partners, and new barriers cannot be erected in place of lowered tariffs 5. trade disputes to be settled by consultation

7 First Phase Commodities which would be covered by the agreement and freezing existing tariff levels Year Place/name Subjects covered 1947 Geneva Tariffs 1949 Annecy 1951 Torquay

8 Second Phase Focused on reducing tariffs Year Place/name
Subjects covered Geneva Dillon Round Tariffs Geneva Kennedy Round Tariffs and anti-dumping measures Geneva Tokyo Round Tariffs, non-tariff measures, “framework” agreements

9 Third Phase Year Place/name Subjects covered 1986-1994
Extended the agreement fully to new areas such as intellectual property, services, capital, and agriculture. Out of this round the WTO was born. Year Place/name Subjects covered Geneva Uruguay Round Tariffs, non-tariff measures, rules, services, intellectual property, dispute settlement, textiles, agriculture, creation of WTO, etc

10 Achievements

11 ROUNDS NAME START DURAT ION COUNTR IES SUB. COVERED ACHIVEMENTS APRIL
1.GENEVA APRIL 1947 7 MONTHS 23 TARIFFS SIGNING OF GATT, 45,000 TARIFF CONCESSIONS AFFECTING $10 BILLION OF TRADE. 2. ANNECY 1949 5 MONTHS 13 COUNTRIES EXCHANGED SOME TARIFF CONCESSIONS.

12 ROUNDS CONT… NAME START DURATIO N COUNT RIES SUB. COVERED ACHEVEMENTS
3. TORQUAY SEPT. 1950 8 MONTHS 38 TARIFFS COUNTRIES EXCHANGED SOME TARIFF CONCESSIONS, CUTTING THE TARIFFS BY 25% 4. GENEVA II JAN. 1956 5 MONTHS 26 TARIFFS, ADMISSION OF JAPAN $2.5 BILLION IN TARIFF REDUCTION 5. DILLON SEPT. 1960 11 MONTHS TARIFF CONCESSION WORTH $4.9 BILLION OF WORLD TRADE.

13 ROUNDS CONT… NAME START DURATION COUNTR IES SUB. COVERED ACHIVEMENTS
6. KENNEDY MAY 1964 37 MONTHS 62 TARIFFS & ANTIDUMPING TARIFF CONCESSION WORTH $40 BILLION OF WORLD TRADE 7. TOKYO SEPT 74 MONTHS 102 TARIFF, NON TARIFF MEASURES, “FRAMEWORK” AGREEMENTS TARIFF REDUCTION WORTH $190 BILLION ACHIEVED. 8. URUGUAY SEPT 87 MONTHS 123 TARIFFS,NON TARIFFS,RULES, SERVICES,IP,DI SPUTE SETTLEMENT,TE XTILES,AGRI. CREATION OF WTO, & EXTENDED THE RANGE OF TRADE NEGOTIATION,LEADING TO THE REDUCTION IN TARIFFS(ABOUT 40%).

14 Trade growth consistently out-paced production growth
Continual reductions in tariffs helped spur very high rates of world trade growth during the 1950s and 1960s — around 8% a year on average Trade growth consistently out-paced production growth The rush of new members during the Uruguay Round demonstrated recognition of multilateral trading system as the anchor for development and an instrument of economic and trade reform.

15 Developing Countries: GATT success
Generalized System of Preference: Lower tariff for products originating in developing countries. Those who : Same political and History relationship Beneficiaries limited to developing Countries Granted by Developed Countries to Developing

16 GSP : Enabling Clause( for Developed and Developing Countries
Preferential Market Treatment to Developing Countries. Preferential Agreement between Developed and Developing Countries. Special Treatment to Least Developed Countries

17 LDC : GATT provision Sanitary and Phytosanitary Measures
Agreement for Agriculture Subsidies Transferring of Technology to LDC

18 Developed Nations Preferential Market Access to LDC
Technical Assistance

19 Difference between GATT and WTO
It was provisional and not permanent. GATT has contracting parties. GATT allowed the existing legislations to continue even if they violated it. GATT was not very power full when it came to its DS mechanism . WTO It was permanent in nature. WTO had members. WTO does not permit violation. DS was more efficient in nature.

20 Important Principles RECIPROCITY: A practice that occurs in GATT negotiating rounds, whereby one country offers to reduce a barrier to trade and a second country “reciprocates” by offering to reduce one of its own trade barriers. The practice of swapping tariff concessions, facilitates the reduction of trade barriers. NONDISCRIMINATION: (Equal treatment) If one GATT member offers a benefit or a tariff concession to another GATT member, it must offer the same tariff reduction to all GATT members.

21 Non Discrimination Most Favoured Nation Treatment: Grant someone a special favour, then have to do the same for all other WTO members. Each member treats all the other members as “most favoured trading partners”. National Treatment: Imported or locally-produced goods should be treated equally – at least after the foreign goods have entered the market. Freer Trade: Lowering trade barriers, gradually and through negotiation. Trade barriers concerned include customs duties and measures such as import bans or quotas, red tape, and exchange rate policies.

22 Non Discrimination Predictability through binding and transparency:
Once lowered, promising not to raise trade barriers gives businesses a clearer view of their future opportunities. With stability and predictability, investment is encouraged, jobs are created, and consumers can fully enjoy the benefits of competition (variety, and lower prices).

23 Power of Non Discrimination
Convenience and practicality, Setting the same tariff policy on imports from all countries ensures that resources are allocated to their most productive use, On the import side, nondiscrimination ensures that countries purchase imports from the lowest-cost source country, (trade diversion is prevented) Prevents re-reouting in order to circumvent high tariffs, in which exporter ships its goods to a third country repackages it, and then ships it to a final destination where it will qualify for the third country’s preferential tariff, sometimes substantial transformation becomes necessary that leads the firm to move a stage of production to the third country, On export side, nondiscrimination protects exporting countries from bilateral opportunism. If one country were later to offer a lower tariff rate to a third country, this could erode the value of the original tariff concession to the first trading partner.

24 National Treatment: Legal Provisions
Art 3: NT to all GATT members Art 3:1 – No internal taxes to be imposed or other internal Charges Art 3:2- No higher standard to be set Art 3:4- GATT member like products to be accorded same status as like product of National Origin Exceptions : Art 3:8 (a) Govt Procurement , 3.8 (b) Domestic Subsidies , Art XVIII- Infant Industries , Art 3:10 Screen Quota, XXI : Security

25 MFN: Legal Provisions Art 1:1 – MFN to all GATT members like products for A) Tariff B) internal taxes and Charges C) Regulation on Import and Export Exception 1. XIII : Quantitative Restriction 2. States Trading Enterprise 3.XXIV: Regional Integration 4. Generalized System of Prefernce

26 Exceptions to gatt’s non discrimination principle
Regional Trade Agreement Free Trade Agreements Customs Unions Administered Protection Special Tariffs that can be used for particular purposes Safeguards, Anti-Damping Duties Countervailing Duties

27 Benefits of MFN World Economy Efficiency Stabilization of Free Trade
Reduction of the Cost of Maintaining Free Trade

28 Conclusion It benefited both LDC and Developing Nations
It stood the competition of UN , WTO , IMF which ITO couldn’t . Helped in free Trade by lowering of Competition. Exceptions provided were reasonable in nature . GATT was not entirely pro developing Countries.

29 Thank you !!


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