Abebe International Trade Law Outline Spring 2013
Basics
Goals:
· Economic and political impact on various stakeholders – who wins, who loses
o Public welfare analysis
o Public choice analysis – who are politicians likely to favor, etc.
· Why do countries trade, why restrict trade, why sign trade agreements, etc.
Economic Theories of Trade:
· Mercantilism: positive balance of payments; exports over imports
· Free Trade and Adam Smith – maximize wealth by limited trade barriers – specialization;
§ Absolute advantage: produce goods that you produce better than any other country; – what you can produce most cheaply
· Comparative Advantage and David Ricardo:
§ Comparative advantage produce the goods that they are best at producing relative to other states; or produce the goods that you are least bad at producing
§ Makes everyone wealthier by specializing provided that efficiency advantage is greater in some commodity than in others
· Trade increases world surplus by allowing more of every good to be made
How do you figure out comparative advantage?
· Different factor endowments: land, labor, capital, technology, human capital (education)
· What makes for differences in comparative costs?
§ 1) Different goods require different factor inputs
§ 2) Different countries have different factor endowments
§ 3) Specialization in Labor (historical accident)
· Heckler-Ohlin Model – comparative advantage in the good whose production is intensive in factors are abundantly available in that country
Economic Justifications of trade restrictions:
· Support of strategic sectors: Laura Tyson – granting tax credits and subsidies to high tech firms
§ Advantages: Positive externalities
§ Critique: how do you pick the sectors / corporations, etc. and is the government even good at it?
· Infant Industry argument: set up tariffs to protect industries while they grow; problem: hard to stop once you start – welfare reducing
· Trade and Job protections: displacement of workers in import competing industries
§ but workers will shift to export industries
ú But workers and capital aren’t transferable
· National Security – don’t want to be dependent on a different country for our own security
Problems with justifications:
· Distortions: two losers (consumers and exporters) instead of just one loser through taxing and spending
· Private equity markets – if we think gov’t could choose the big industry, private investors can probably see this as well – no need for gov’t loans when we have a private markets – especially if we think they are better than a gov’t politician that has diff incentives
Arguments against free trade:
· Domestic deficit
· Lack of concern with human rights – delinked trade and human rights
· Increase in material things but not more impt. things – environmental standards, etc.
· Distributional consequences of trade (Rodrick) –
§ trade cause of increasing inequality in US and world
§ and biased against developing countries
Arguments against Trade Restrictions:
Sykes: Comparative Advantage and the Normative Economics of International Trade Policy:
· Trade and Jobs: free trade won’t cause a loss of jobs – won’t have much effect on real wages on average; workers on import side will have lower wages but export side will have higher wages
· National Security and Self-Sufficiency: to really have an issue with security need to
§ Import dependence to exist at reduced levels of domestic consumption
§ Likelihood of imports becoming unavailable
§ Domestic capacity cannot be restored with reasonable dispatch
§ No stockpiling during peace time is available
Trade Restrictions to address Domestic Distortion: Deardorff and Stern: Current Issues in US Trade Policies: An Overview
· Tariffs (trade intervention) are second best: distort both producer and consumer behavior while externality only concerns one of the groups
· Production subsidies only distort on one side so would be better – first best policies are better b/c deal directly w/ the distortion
Globalization Critiques
Distributional Considerations: Rodrik: Has Globalization gone too far
§ Reduced barriers to trade and investment accentuate the asymmetry between groups that can cross int’l borders and those that cannot
§ Globalization and international trade opens the door for differences in varying environments – creates redistributive consequences
§ Welfare state is correlated with exposure to foreign trade – creating serious problems
§ Governments can’t handle the consequences of globalization and this is leading to a large set of new class divisions
Stiglitz: Making Globalization Work
o Globalization helped countries increase GDP but did not help the people in the countries – rich countries w/ poor people
o Those w/ issues of economic globalization raise concerns:
§ Rules of game designed to benefit advanced industrial countries
§ Advances material values over other values
§ Taken away developing countries’ sovereignty – undermined democracy
§ Many losers in globalization
§ Globalization has basically created an Americanization of economic policy and culture
Lawrence: The Globalization Paradox: more trade less inequality
o No evidence that trade has led to the decline in real wage growth
§ US imports are actually very sophisticated and produced in the US by relatively skilled workers – competition by unskilled, doesn’t not change the wage inequality
§ Specialization is more advanced, so importing things only helps consumers, not hurts the workers
Public Choice Theory and its Implications
o Ministerial conference can decide by ¾ that any party that doesn’t agree can be kicked out or forced to agree
o Amendments to TRIPS can be adopted by Ministerial conference w/o formal acceptance process
WTO Article XI: Original Membership
· All contracting parties of GATT become members of WTO
· Least developed countries only required to take commitments and concessions to the extent consistent with their individual development
WTO Article XII: Accession
WTO Article XIII: Non-application of Multilateral Trade Agreements between Particular Members
· If either of members does not consent to application, does not apply
GATT Article XXII: Consultation (pg 47)
· Parties shall accord “sympathetic consideration to” and shall afford adequate opportunity for consultation regarding representations made by another contracting party
Dispute Settlement under WTO (pg 371-395)
· General:
o Only country can argue on your behalf – must ask government to argue
o Reverse consensus – opposite of GATT – all countries would have to say no, or else go forward
· Steps:
o Consultation
§ In good faith, within 30 days of a request, if no settlement within 60 days, complaining party may request panel
o Panel of Independent Experts
§ Panel selected by secritariat, parties object regularly to the members, if no panel in 20 days, Director General appoints
§ Panelists are gov't officials, former secretariat officials, trade academics or lawyers (mostly gov't)
§ Must maintain independence – no lobbying
§ Procedure
ú a) Schedule
ú b) Meet to discuss issues
ú c) Third party interventions
ú d) Burden of proof rests with party who asserts the affirmative of a claim
ú e) Standard of Review: simple in clear violation cases – based on whether or not measure was necessary
ú f) Panel makes conclusion
ú g) Panel report adopted except if reverse consensus
o Appellate body
§ Review restricted to issues of law and legal interpretation
§ Power to reverse, modify or affirm, no remand authority (proposed)
§ No stare decisis, but expectations that similar matters handled similarly
§ Due Process rights
o Monitoring and Implementation (as long as passed reverse consensus)
§ Implementation within 15 months