Special and Differential Treatment of Developing Countries in the World
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Global Development Studies No. 2 Knowledge is essential in an increasingly Peter Kleen was Director General of the complex world. In order to contribute to a National Board of Trade in Sweden better understanding of global development At present there are no agreed criteria for determining when Special and from 1992-2004. Previously he had and an increased effectiveness of develop- Differential Treatment (SDT) of developing countries in the World Trade worked in the Board from 1968; in ment co-operation, the EGDI secretariat of Organization (WTO) should be applied or what purpose it should serve. Global Development 1991-1992 he was Project Manager for the Swedish Ministry for Foreign Affairs, The study analyses possible criteria for and aims of SDT as well as discusses Studies No. 2 the Uruguay Round in the Federation manages the Global Development Studies the development aspects of existing provisions. It considers the actual and of Swedish Industries. Since 1995, Mr series. The studies in this series are potential benefits to developing countries of SDT and puts forward a Kleen has been a member of the Special and Differential Treatment of Developing Countries in the World Trade Organization Trade of Developing Countries in the World Special and Differential Treatment initiated by the Ministry, but written by number of policy proposals to increase its effectiveness. World Trade Organization’s panel to independent researchers. settle disputes between members. Among the key issues examined are: Another task of the secretariat is to serve Sheila Page is a Research Fellow at the the EGDI (Expert Group on Development • How SDT can serve the interests of developing countries Overseas Development Institute, UK. Issues) in its efforts to channel research • Developing countries’ trade patterns and their use of trade preferences She has been a board member of several findings into the heart of policymaking. Special and Differential Treatment associations and panels dealing with The EGDI consists of internationally • The possibilities for a framework agreement for SDT in the WTO both trade and development, including renowned researchers and policymakers • How SDT has been used in the GATT and the WTO of Developing Countries in the the Development Studies Association, with extensive networks in their respective field. The group initiates and produces • Eligibility criteria for SDT 1996-1999, the Royal Economic Society, World Trade Organization 1997-2002, and the European Associa- policy relevant studies on global develop- • How to achieve more effective SDT tion of Development Research and ment. Peter Kleen and Sheila Page • SDT and policy flexibility Training Institutes 1996-2002. For futhur information please contact: • How financial assistance could complement or replace SDT The EGDI Secretariat Ministry for Foreign Affaris Department for Global Development SE-103 39 Stockholm, Sweden Phone +46 8-405 10 00 Fax +46 8-723 11 76 [email protected] www.egdi.gov.se Ministry for Foreign Affairs Sweden SE-103 39 Stockholm, Sweden Telefon +46 8-405 10 00 Fax +46 8-723 11 76 Ministry for Foreign Affairs www.egdi.gov.se Pre-publication copy Sweden SHEILA_P.AGE 05-06-21 14.49 Sida 1 Special and Differential Treatment of Developing Countries in the World Trade Organization Sheila Page and Peter Kleen Global Development Studies EGDI Secretariat Ministry for Foreign Affairs, Sweden SHEILA_P.AGE 05-06-21 14.49 Sida 2 Overseas Development Institute 111 Westminster Bridge Road London SE1 7JD UK [email protected] [email protected] Edita Norstedts Tryckeri AB 2005 SHEILA_P.AGE 05-06-21 14.49 Sida 3 Table of Contents Acronyms and Abbreviations v Executive summary vii 1 How can the multilateral trading system serve the interests of developing countries? 1 2 What is the purpose of special and differential treatment? 7 2.1 Development requires different policies from growth 8 2.2 Adjustment requires different policies 9 2.3 Developing countries need parity with developed country ‘SDT’ 9 2.4 Developing countries need non-trade compensation 10 2.5 Some types of country require different policies 10 2.6 Developing countries need assistance in integrating into the system11 2.7 SDT as aid 12 3 SDT in GATT and the WTO 13 3.1 Pre-Uruguay Round SDT 13 3.2 Uruguay Round and after 14 4 Developing countries’ trade and use of preferences 19 4.1 What preferences exist 19 4.2 Trade patterns 22 4.3 Do preferences matter? 23 General preferences 23 Special preferences 26 Country examples 27 5 SDT for policy flexibility and to meet the costs of implementation 31 5.1 Does SDT to give countries policy flexibility matter? 31 5.2 Country examples 34 5.3 SDT for the costs of implementation 34 5.4 Summary of the evidence on how SDT is being used 36 6 Proposals on SDT in the current WTO negotiations 37 6.1 Negotiations 2001-2004 37 6.2 July 2004 decision 40 7 Principles for SDT 45 7.1 SDT should increase the benefits to developing countries from trade and the weight given to their interests 45 7.2 It should not be used to solve all development needs 46 i SHEILA_P.AGE 05-06-21 14.49 Sida 4 7.3 An inclusive organisation must build in flexibility 47 7.4 It must be consistent with countries’ views of their interests 48 7.5 SDT should promote integration of countries into the world trading system and support the basic aims of the WTO 49 7.6 It must avoid excessive costs to other countries and to the international system 49 7.7 SDT should be bound 51 8 Analysis of proposals using the proposed principles 57 8.1 Monitoring 57 8.2 Transition periods 59 8.3 Flexible policy (‘policy space’) 60 8.4 Soft law 61 8.5 Plurilaterals 63 8.6 Technical assistance 64 8.7 Adjustment funding and compensation 65 8.8 Flexibility for regionalarrangements 72 8.9 Consistency in the WTO 73 8.10 Assistance and synergies among the international organisations 75 9 How to determine eligibility for SDT 79 9.1 Possible methods of classification 80 General or issue specific or country-by-country classification 80 Regulated or self designation 81 9.2 Possible classifications 83 Developmental differences 83 Permanent differences 86 Size 87 9.3 Selection and graduation 90 10 How to achieve more effective SDT 97 10.1 A framework – or some general guidelines for SDT in the WTO? 97 A middle way – a revised Enabling Clause 98 Framework necessary for a coherent approach in each member country 99 10.2 What arguments might work with the developed countries? 99 10.3 Achieving agreement on a fund for preference compensation 100 10.4 Other initiatives by developed countries 102 Binding of preferences 102 Rules of origin 103 10.5 What can the more advanced developing countries do? 103 10.6 What can lower middle income countries do? 104 10.7 What can the LDCs do? 105 10.8 Improving the institutional capacity of developing countries to participate in the WTO 105 ii SHEILA_P.AGE 05-06-21 14.49 Sida 5 10.9 Institutional reform of the WTO 107 10.11 Does the WTO need a new monitoring mechanism? 107 10.12 Achieving synergy in relations with developing countries, while avoiding domination 108 Proposal: Revised Enabling Clause 109 Appendix A: Country examples 113 Appendix B: Differentiation of developing countries in non-trade contexts 117 Appendix C: Tables 119 Table 1. G8 imports from Africa: the broad picture 119 Table 2. LDC exports 1985–2002 120 Table 3. ACP exports 1985–2002 120 Table 4. AGOA exports 1985-2002 121 Table 5. Contribution of Major Export Products to Preference Margin 121 Table 6. Percentage decrease in average export unit values 122 Table 7. Brazil’s exports 1985–2002 123 Table 8. India’s exports 1985–2002 123 Table 9. Mauritius’ exports 1985–2002 123 Table 10. Kenya’s exports 1985–2002 124 Table 11. Malawi’s exports 1985–2002 124 Table 12. Vietnam’s exports 1985–2002 124 Bibliography 125 Acknowledgements 137 iii SHEILA_P.AGE 05-06-21 14.49 Sida 6 Foreword In order to contribute to a better understanding of global development the Swedish Ministry for Foreign Affairs has established a series of research reports on current global issues. The objective of the series labelled Global Development Studies is to channel research findings to the heart of policymaking in Sweden and elsewhere. The studies are initiated by the ministry and managed by its EGDI-Secretariat (Expert Group on Development Issues) but written by independent researchers. The issue of Special and Differential Treatment (SDT) of developing countries in the WTO system has been a subject of debate for a number of years. As the international trading system has developed over time, and grown more complex, the importance of SDT has increased. In the ongoing WTO-negotiations under the Doha Development Agenda, SDT is seen as a key issue. Consequently, there were compelling grounds to undertake a comprehensive review of the special rules and benefits for developing countries provided for under WTO rules. The study analyses the development of the provisions for special and differential treatment within the WTO system and the actual and potential development effects of existing provisions. It puts forth a number of suggestions for how to improve the current system. With this study we wish to contribute to the international discussion on these issues in the WTO and the international system at large. Annika Söder, State Secretary for International Development Cooperation Lars-Olof Lindgren, State Secretary for International Trade Policy iv SHEILA_P.AGE 05-06-21 14.49 Sida 7 Acronyms and Abbreviations ACP African, Caribbean and Pacific group