|
The short answer is no - it is not. An examination of the
rules and practices of the World Trade Organization (WTO)
shows that the organization's rules do not infringe upon the
right of its member states to decide on domestic economic
issues.
While the WTO is indeed a rules-based system, meaning all
members must abide by the same rules, it provides ample
policy space to allow member countries to take protective
measures if and when their domestic industries are
threatened, including policy actions to address any sudden
surge in imports that may threaten strategic industries.
One of the principal features of the modern state is its
ability to exercise full control, or sovereignty, over
issues within its jurisdiction. With this understanding in
mind, many opponents of the WTO argue that the organization
limits member states from fully exercising their sovereign
rights. Given the relative dominance of economic and trade
issues in global affairs in recent years, it is not
surprising that the issue of economic sovereignty is
particularly resonant with respect to the WTO.
Nevertheless, the issue of sovereignty is not unique to the
WTO. This topic is relevant whenever a country enters into
an international agreement with one or more countries. Such
agreements inevitably restrict a nation's ability to act
unilaterally. When becoming a signatory of multilateral
agreements, a country binds itself to conform to the basic
tenets of each agreement or treaty.
WTO rules operate in the same manner. All members agree to
be bound by the same rules, regulations and guidelines,
particularly those related to transparency and equal
treatment, required by various WTO agreements.
However, despite these conformity requirements, the WTO
system recognizes the sovereign and independent needs of
individual member states. The WTO rules support a country's
right to pursue its own development objectives and does not
prohibit a country from following its own domestic economic,
developmental and social policies.
For instance, there is no WTO rule that requires countries
to follow a given economic ideology or model, either as part
of the accession process or as the "price" of membership.
This fact is further evidenced by taking into consideration
the 154 member states of the WTO, which range from market
economies to countries that have embraced mixed economies
with more government intervention.
Thus, in the case of Ethiopia, the country's bid to join
the WTO will not require the adoption of any particular
economic model nor will it be required to change its
domestic policies in order to join the WTO.
In general, WTO rules are characterized by the provision of
policy space, or flexibility for member countries to set
their individual domestic policy agendas. This "policy
space" is manifested in several ways. The first of these
concerns tariff rates and specifically, bound
tariff rates, which represent the maximum tariff rate
that a country may apply to any import item. Negotiating
this "bound" or "maximum tariff rate," has been the bedrock
of the multilateral trading system since its inception in
1947. However, a clear distinction must be made between
"bound" and "applied rates."
A bound tariff rate is the maximum tariff rate on
goods that a country agrees it will not exceed, while the
applied tariff rate is the actual tariff rate that is
applied to imports. Although WTO members and acceding
countries may reference applied rates during accession
negotiations, the final "bound" or "maximum tariff rates"
usually allow a country to maintain flexibility should there
be a need to raise tariff rates in the future.
Hence, there is a substantial difference between members'
applied and bound tariff rates. For
instance, Cambodia, a least-developed country (LDC) that
joined the WTO in October 2004, had an average applied
tariff rate of 16.4pc but managed to negotiate
an average bound rate of 30pc. In similar
fashion, Nepal, another LDC that joined the Organization in
April 2004, negotiated an average bound rate of 42pc while
its average applied tariff rate was just 11pc.
In the case of Ethiopia, it is reasonable to expect that
the country will not be asked to lower its average applied
rate, which is presently 17.5pc.
After negotiations with WTO member countries, Ethiopia will
likely arrive at an agreed upon average bound rate
that is higher than its current average applied tariff
rate of 17.5pc.
The second type of policy flexibility that is granted to
WTO members takes the form of special exceptions to the
WTO's basic guiding rules and principles. One of these
exceptions allows countries the ability to take measures to
safeguard their balance of payments.
The General Agreement on Tariffs and Trade (GATT), the
predecessor to the WTO, provides that a member country can
impose quantitative restrictions on imports to
"safeguard its external financial position and its balance
of payments." This is what is known as a safeguards
exception. The GATT permits countries to enact safeguard
measures to protect their domestic industries where imports
of a product surge to such an extent as to "cause or
threaten to cause serious injury to the domestic industry
that produces like or directly competitive products."
The same agreement also contains a dedicated article
detailing other exceptional circumstances under which
countries may impose restrictions on imports to protect
domestic industries. These include the need to protect
public morale, human, animal or plant life or health and
other specific circumstances.
These provisions illustrate the many ways in which the WTO
provides leeway for countries to counter potentially adverse
effects on their domestic economies and to protect values
considered crucial for broader economic and social
policymaking.
Even where WTO member countries are found to be in
violation of WTO rules, the procedures to bring trade
practices into conformity allow countries to choose the
specific manner in which they will resolve the violation.
Under the WTO's Dispute Settlement Mechanism, disagreements
between member countries are heard by dispute settlement
panels and an appellate body.
The proceedings at these panels and the appellate body are
carried out much like that of a regular court, where each
party presents arguments and evidence to the bodies.
Decisions made by the panels and the appellate body include
recommendations to the country at fault that brings the
disputed action into consistency with WTO rules. However,
such decisions do not dictate how the country should rectify
the dispute. Inconsistent measures typically involve a
specific domestic executive or legislative action, meaning
that specific measures are left to each country alone to
decide.
This ensures that the WTO does not interfere with the
sovereign affairs of the concerned country. Alternatively,
the WTO may allow the injured country to impose
countermeasures that offset the action of the guilty country
which can include suspension of concessions or other
obligations by the aggrieved country.
The examples presented above demonstrate that WTO rules
provide ample policy space for governments to fulfill
commitments under WTO agreements, and at the same time allow
countries to implement domestic economic, developmental and
social policy agendas.
WTO membership does not require the sacrifice of a nation's
sovereignty. It rather provides a platform for economic
development and trade, giving member countries leverage in
the international marketplace to secure favourable trade
terms, while at the same time protecting domestic
industries. |