WTO Working Papers

This paper examines the role of competition law and policy as tools for poverty reduction and development. The authors put forward five related principles, building upon the important work on related issues that has been done by the OECD, the International Competition Network (ICN), UNCTAD and civil society organizations such as CUTS in recent years, in addition to the earlier work done on these topics in the WTO Working Group on the Interaction between Trade and Competition Policy when that body was active from 1997 through 2003. Together, these principles comprise the "holistic approach" to competition law and policy which is referenced in the title of the paper: First, the focus of policy makers in using competition policy as tool for poverty reduction should be on approaches that are relatively easy to implement but have a trackrecord of being effective and economically sound. Second, for competition policy reforms and legislation to be successful, public acceptance and support is critical and must be an essential focus of related initiatives. Third, to serve as an effective tool of poverty reduction, competition policy needs to address the needs of the citizens of poorer societies in their capacities as producers (and, therefore, as users of extensive input goods and services, including public infrastructure), in addition to their capacities as final consumers/households. Fourth, it is posited that "competition policy" is more than just "what competition agencies do" and includes the full spectrum of measures that governments employ to enhance competition and improve the performance of markets. Fifth, in order to address the challenges posed by the changing landscape of competition policy worldwide, new forms of international co-operation may need to be considered. The paper then develops the application of these principles with respect to five specific areas in which competition policy can contribute to poverty reduction, namely: (i) the reform of public and business infrastructure sectors, particularly in the context of developing and transition economies; (ii) the complementary roles of competition law enforcement and market liberalization in public procurement markets; (iii) various related dimensions of competition policy as they relate to public health objectives; (iv) the addressing of possible monopsonistic practices in international supply chains that may affect the ability of developing country producers to reap gains from participation in international markets; and (v) measures to address the enduring problem of international cartels which, despite an impressive record of prosecutions by developed jurisdiction competition agencies over the past decade, continue to impose substantial costs on developing economies. The paper concludes with some observations regarding the future of international cooperation in the competition policy sphere.

"Pro-poor" tourism is arguably one of the best green options for addressing LDC poverty, employment and economic diversification initiatives. Although often neglected as a serious policy option -- and consequently most of its potential still remains untapped -- tourism is the leading export for at least 11 LDCs, and the 2nd or 3rd largest export for another 11 or more. It is also a major source of new employment, especially for women, youth and the rural poor in general. While difficult to measure accurately, tourism's pro-poor impacts are directly related to the achieved level of inter- and intra-sectoral linkages. Taking export diversification, employment generation and the "green economy" in turn, the working paper analyzes feasible LDC alternatives, reaching the conclusion (within the limits of data availability) that -- in contrast with the current overemphasis on agriculture and manufacturing -- green tourism is demonstrably one of the areas of greatest current comparative advantage and development potential for the majority of LDCs, via its extensive upstream and downstream linkages/multiplier effects, employment-generating and poverty alleviation capacities, opportunities for export "test marketing" of new products, sustainability, and largely untapped export opportunities. An economy wide, primarily private-sector approach is an essential element for maximizing tourism benefits -- including its multiple linkages with agriculture and manufacturing -- together with a significant coordinating governmental role to minimize negative externalities. Unfortunately, there is no automatic guarantee that expanding tourism will significantly increase poverty alleviation or local employment generation: the necessary mechanisms must be explicitly included in tourism planning and implementation.

As of November 2010, more than 300 regional trade agreements (RTAs) were in force. Approximately two-thirds of them had been notified to the WTO. Each of these RTAs had, implicitly or explicitly, established a regional legal framework for the application of intra-regional, and sometimes extra-regional, antidumping actions. This study focuses on intra-regional antidumping regimes and has been built around the analysis of antidumping provisions in 192 RTAs. This Working Paper first recalls the main constitutive elements of the multilateral and regional legal frameworks, a pre-requisite to consider if these rules and disciplines are competing with or are complementary to multilateral disciplines. Based on an analysis of these 192 RTAs, the Paper identifies two Categories of regional antidumping regimes, and assesses their relationships with the multilateral rules. Particular attention is paid to antidumping regimes in RTAs, which appear to "diverge" from the WTO disciplines. The Paper concludes that most regional antidumping regimes do not fundamentally change the Parties' rights to take antidumping measures, as compared with the multilateral regime. There appears to be no evidence that regional antidumping regimes increase RTA partners' rights to take antidumping actions at the intra-RTA level, and only a minority of regimes contains disciplines which diverge from multilateral rules, though most of those do not result in fundamental changes in the antidumping patterns of the RTA Parties. The Paper notes, however, that deep integration among a few RTAs has been decisive in bringing about a substantial change in the antidumping patterns of the RTA Parties concerned. It finds that legal consolidation, at the regional level, of a current practice of not using antidumping as a trade policy tool is restricted to a limited number of Parties. A few others seem to have used RTAs to restrict the possibility of using anti-dumping between RTA partners, as compared to multilateral rules. The Paper finally suggests that the proliferation of regional transparency mechanisms, related to antidumping may potentially undermine the oversight role of the multilateral trading system if "information diversion" materializes.

This paper assembles detailed information on the market access provisions in trade in goods contained in 192 active regional trade agreements (RTAs) notified to the WTO as of November 2010. Although market access provisions in trade in goods in RTAs have been addressed in a number of studies, much of this work has been limited to subsets of RTAs, particularly plurilateral RTAs involving three or more parties. The goal of the current study is to expand beyond the more commonly studied RTAs and to include all RTAs notified to the WTO for which data are available. This task has been facilitated by the recent Transparency Mechanism for RTAs (TM), adopted in 2006, that provides the basis for the systematic provision of detailed tariff and trade data by WTO Members engaged in RTAs. This information has been supplemented by other public sources of data, where available. A number of trends are evident. While a majority of RTAs result in a reasonably high degree of liberalization overall (with developing countries often liberalizing as much or more than developed countries), liberalization is not uniform across products or RTA parties. In some RTAs the degree of iberalization appears to be a negotiated outcome, depending on the RTA partner. Agricultural goods continue to be subject to lower levels of liberalization, frequent product exclusions and systematic protection in some RTAs, regardless of the RTA partner's comparative advantage. Nonetheless, a lower level of ambition in some RTAs is tempered by a commitment to negotiate further concessions or expand upon the RTA's scope at some future point: more than half the RTAs analysed contain such a commitment. Much has been written about the potential for the multilateralization of commitments undertaken in RTAs. While there may be scope for positive externalities in terms of regulatory convergence particularly with regard to services liberalization undertaken in RTAs, there is less evidence in this study to suggest that increased market access in merchandise goods leads to a more favourable trading environment for third parties. Continuing constructive engagement by WTO Members in the Transparency Mechanism through the provision of data, timely notifications, and submission of implementation reports will increase the availability of tariff and trade liberalization data, thus facilitating further examination of the topics highlighted in the study as worthy of future research.

The main objective of this paper is to analyse trade flows and tariff policies of health products. The first contribution is to construct three groups of health products based on the 2007 Harmonized System classification of international trade. Using these commodity groups, we analyse trade flows between 167 countries for the years 1996 to 2009. We find that trade in health products has developed very dynamically, with trade in dosified medicine displaying the strongest growth with an annual growth rate of almost 12 per cent. The results further indicate that the market of health products is dominated by a small number of developed countries. Finally, studying the tariffs on health products in preferential trade agreements between developing countries, the results show that the tariff level is low, but in some individual cases still substantive.

Trade finance has received special attention during the financial crisis as one of the potential culprits for the great trade collapse. Several researchers have used micro level data to establish the link between trade finance and trade, especially so during the financial crisis, and have found diverting results. This paper analyses the effect of trade credit on trade on a macro level through a whole cycle. We employ Berne Union data on export credit insurance, the most extensive dataset on trade credits available at the moment, for the period of 2005--2011-. Using an instrumentation strategy we can identify a significantly positive effect of insured trade credit, as a proxy for trade credits, on trade. The effect of insured trade credit on trade is very strong and remains stable over the cycle, not varying between crisis and non-crisis periods.

In a rapidly changing trade environment, marked by economic slowdown and impasse in the Doha Round, the success of the WTO in promoting and legitimizing the rules-based multilateral trading system rests, to a large extent, on maintaining effective relations with civil society, including non-governmental organisations. This paper provides an overview of the WTO's rules and practices for transparency and engagement with NGOs. First, it looks at both internal and external transparency. Second, it deals with how the WTO engages with civil society and illustrates how this has evolved over time. Third, it looks at how NGOs and civil society contribute to the dispute settlement process. In concluding, it explores whether there is scope for enhancing the WTO's current practices for engagement with NGOs, and if so how. It also offers some suggestions on how NGOs can render the WTO more accountable to the public. One area in which the WTO's practices for transparency and channels of engagement with civil society actors has evolved considerably is dispute settlement. Although only WTO members can bring a dispute to the WTO, the practice of opening hearings to the public, upon the parties' request, and inviting contributions from non-members, including NGOs, shows to what extent WTO transparency and engagement with civil society have improved in recent times. In particular, NGOs have assisted parties to a dispute prepare their briefs. This has included annexing studies to the parties's submissions, submitting amicus curiae briefs, and supporting the panel as experts under Article 13 of the WTO's Dispute Settlement Understanding (DSU). Forging links with civil society is a formidable task for any intergovernmental organization; at issue are the rights of governments to set WTO policy and the need to respect the voices of those without a vote. Although the WTO's rules for engagement with civil society based on Article V:2 of the Marrakesh Agreement and further elaborated in the 1996 Guidelines have not been updated, the actual practices for engagement have evolved considerably over time and it is likely that they will continue to be improved upon in the future.

We analyse the degree of preference utilization in four major importing countries (Australia, Canada, EU and US) and provide evidence that preferences are more widely used than previously thought. For Australia and Canada, we have obtained a new dataset on imports by preferential regime that has so far not been publicly available. For the EU and US, we make use of more disaggregated data than previously used in the literature. We empirically test what determines utilization rates. In line with previous studies, we find that utilization increases with both the preferential margin and the volume of exports, suggesting that using preferences can be costly. However, we also find that utilization rates are often very high, even for very small preferential margins and/or very small trade flows, which contradicts numerous estimates that average compliance costs are as high as 2-6%. We extend the existing literature in relation to both data and methodological issues. In particular, we construct "pseudo transaction-level" data that allows us to assess more precisely when available preferences are utilized. Using this methodology, we obtain a more realistic estimate of what determines utilization. Rather than constituting a percentage share of the trade value, our findings indicate that utilization costs involve an important fixed cost element. We provide estimates for such fixed costs, which appear to be in the range of USD 14 to USD 1,500.

The paper reviews a number of issues related to the use of currencies in international trade, more than one decade after the introduction of the euro and shortly after steps taken by the Chinese authorities to liberalize the use of the RMB in off-shore markets. Trade is an important factor in establishing a currency as an international currency, notably by fulfilling the transaction/medium of exchange and unit of account motives of currency demand. A well prepared liberalization of currency use for international trade and foreign direct investment transactions can even be helpful in achieving the international investment and reserve currency status. While in the distant past the later was also linked to preponderance of a country in trade markets, it is now linked to the prevalence of the currency in international financial transactions, which supposes that the country in question engages at least partly in some liberalization of capital account transactions. This paper shows theoretical and practical reasons explaining the current dominance of the US dollar and the euro in the invoicing of international trade. There is little doubt, though, that in the medium-to-long term the RMB will become a major currency of settlement in international trade. This is not only the current direction of government policy but also that of markets, as evidenced by the rapid expansion of off-shore trade payments in that currency. In the meantime, though, the US dollar and the euro are enjoying a nearduopoly as settlement and invoicing currencies in international trade. The stability of this duopoly is enhanced by a number of factors recently highlighted by economic analysis: coalescing, "thick externalities" and scarcity of international currencies are useful to explain that, until such time that RMB payments match at least the share of China in global trade, the US dollar and of the euro will remain the main currencies in the invoicing and payment of international trade. Section 1 looks at the factors that determine the use of currencies in the invoicing and settlement of international trade. Section 2 looks at the actual reality of currency use for international trade flows, and short-term prospects for the development of a possible alternative to the use of the US dollar and the euro (in particular in Asia), the RMB.

This paper studies the relationship between export policy and food prices. We show that, when individuals are loss averse, food exporters may use trade policy to shield the domestic economy from large price shocks. This creates a complementarity between the price of food in international markets and export policy. Specifically, unilateral actions by exporting countries give rise to a "multiplier effect": when a shock in the international food market drives up (down) its price, governments respond by imposing export restrictions (subsidies), thus exacerbating the initial shock and soliciting further export activism. We test this theory with a new dataset that comprises monthly information on trade measures across 125 countries and 29 food products for the period 2008-10, finding evidence of a multiplier effect. Global restrictions in a product (i.e. the share of international trade covered by export restrictions) are positively correlated with the probability of imposing a new export restriction on that product, especially for staple foods. Large exporters are found to be more reactive to restrictive measures, suggesting that the multiplier effect is mostly driven by this group. Finally, we estimate that a 1 per cent surge in global restrictions increased international food prices by 1.1 per cent on average during 2008-10. These findings contribute to inform the broader debate on the proper regulation of export policy within the multilateral trading system.