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Multilateralism & Regionalism - The Development Interface Short Course on Key Issues on the International Economic Agenda for Permanent Missions in Geneva, 23 November 2007 Taisuke ITO DITC/UNCTAD 1 UNCTAD/CD-TFT 1 Context & Questions WTO Doha Negotiations go slowly More movement towards RTAs? RTAs already proliferated. What is new? Implications for development & MTS? RTAs are here to stay. How to make them more useful for developing countries given evolving MTS? 2 UNCTAD/CD-TFT 2 Outline I. Recent trends & issues in RTAs II. Interface between WTO & RTAs: Developmental perspective 3 UNCTAD/CD-TFT 3 Part I Recent Trends & Issues in RTAs 4 UNCTAD/CD-TFT 4 Number of Notified RTAs by Year of Entry into Force: 1948-2007 Source: WTO UNCTAD/CD-TFT 5 5 RTA MEMBERSHIP ACROSS THE WORLD (March 2002) 6 Source: WTO UNCTAD/CD-TFT 6 RTA MEMBERSHIP ACROSS THE WORLD (2007) 7 Source: WTO UNCTAD/CD-TFT 7 FUTURE PROSPECTS Dominican Republic Myanmar Cambodia Nicaragua El Salvador Russia Indonesia Bhutan, Maldives, Nepal, Pakistan Costa Rica Brunei Darussalam Viet Nam Laos USA Philippines Malaysia Bangladesh Paraguay Brazil Argentina Thailand India Sri Lanka Panama Guatemala Honduras Singapore Uruguay New Zealand Chile Mexico Japan People’s Rep. of China Peru Hong Kong, China Korea Chinese Taipei Australia Fiji, Solomon Islands, Vanuatu Colombia Bolivia Ecuador Venezuela Papua New Guinea Fed. States of Micronesia, Marshall Islands, Kiribati, Palau, W. Samoa,Tonga, Vanuatu, E. Timor, Cook Islands, Nauru, Niue, Tuvalu ASIA Canada Bahamas Haiti Dominica, Suriname, Jamaica, St. Lucia, Belize, St. Kitts & Nevis, Grenada, Barbados, Guyana, St. Vincent & the Grenadines, Antigua & Barbuda, Trinidad & Tobago AMERICAS 8 Source: A. Estevadeordal , “New perspective on North-South RTAs”, presentation at a pre-UNCTAD XI seminar UNCTAD/CD-TFT 8 on regionalism, Rio de Janeiro, 8 June 2004. Trends in RTAs RTA proliferated worldwide since 1990s with WTO & accelerated with bilateral “hub-&-spoke” FTAs => “spaghetti bowl” 367 notified to WTO of which 214 in force (Dec 2006) (400 by 2010?) DCs active in RTAs => Overlapping (SSA) & multiple membership (av. 8 RTAs per country in LA, 4 in SSA) [Continental scale (FTAA, ACP-EU EPAs)] Inter-regional RTAs, mostly bilateral (US-FTAs) Block-to-block RTAs (EU-Mercosur, EPAs) 9 UNCTAD/CD-TFT 9 Trends in RTAs (2) Chile, Mexico & Singapore emerged as semi-hubs Non-traditional regionalists (India, JPN, KOR, China, Singapore, Aus, NZ) entered the scene N-N RTAs (US-AUS, EU enlargement) re-emerged N-S RTAs significant => transform unilateral preferences to reciprocal preferences Emerging DCs got involved (China, US-KOR, EU New Strategy towards South & SE Asia) S-S RTAs reinvigorated, including inter-regional, plurilateral initiatives 10 UNCTAD/CD-TFT 10 Why RTAs? Some Motivations Political considerations (EU, US FTAs) Change in the 1990s in conventional wisdom on economic policy management and development strategies => trade integration as key development tool RTAs as a platform to participate in expanded international supply chains (input manufactures ↑ ) Protection of regional markets from outsiders Quicker and deeper than WTO as negotiations easier with limited number of partners (less free rider problem) Lock-in unilateral preferences (N-S RTAs) 11 UNCTAD/CD-TFT 11 Why RTAs? Some Motivations (2) “Domino effects” Large RTAs increase the incentive for non-members to join the RTA to avoid trade creation/diversion (EU enlargement) Incentive for insiders to resist Countries have incentive to react to the formation of an RTA by the formation of new RTA, rather than seeking multilateral approach, in order to maintain competitive edge vis-à-vis its competitors in key export markets => Hub & spoke bilateral FTAs (US, EU & JPN with Mexico) Greater bargaining power at multilateral level Any effect of the slow pace of the Doha Round? 12 UNCTAD/CD-TFT 12 RTA proliferation means increased share (%) of world trade under RTAs 51.2% 43.2% 50 45 40 35 30 25 20 15 10 5 0 2000 2005 13 Note: Estimate based on 113 RTAs in force in 2000 with trade data of 1999. Source: WTO, World Trade Report 2003. UNCTAD/CD-TFT 13 New market access under RTAs may be more limited than it might appear Share of trade covered (%), 2003 35 30 25 20 15 10 5 0 Including all trade Excluding 0% MFN Excluding <3% MFN Note: Not include intra-EU 15 trade. Source: World Bank, Global Economic Prospects 2005. Reported in S. 14 meeting Andriamananjara, “Regional Integration: Systemic issues from a global perspective” in an UNCTAD Ad-hoc expert in 15-16 March 2007. UNCTAD/CD-TFT 14 S-S RTAs proliferate but North’s RTAs dominate trade covered, not surprisingly Number of RTAs Percent of World Trade Covered 35 250 30 200 25 SouthSouth 150 SouthSouth 20 15 100 US US 10 50 5 EU EU 0 0 1990 1996 2002 1990 1996 2002 15 Source: World Bank (2005), ibid. UNCTAD/CD-TFT 15 US/EU markets large (NAFTA=8%, EU25= 23%) & have higher intra-RTA trade share than S-S RTAs (2005) EU 25 66.5 FTAA 60.3 NAFTA 55.8 ASEAN 26.2 MERCOSUR 12.9 CARICOM 11.7 SADC 9.1 ANCOM 8.2 COMESA 4.9 0 10 20 30 40 50 60 70 16 Note: Exports. Source: UNCTAD UNCTAD/CD-TFT 16 For DCs, RTAs seem to be a relatively small driver of trade reform in the past Av. Tariffs in Developing Countries 30 29.9 Share of tariff reductions Regional Agreements 10% 25 20 Multilateral Agreements 25% 15 9.3 10 Autonomous Liberalization 65% 5 0 1983 2003 17 Note: 33 largest DCs covering 90% of DC trade. Source: Martin and Ng, 2004, from World Bank (2005), op. cit. UNCTAD/CD-TFT 17 Source: Estevadeordal & Robertson (2004). Reported in a presentation by Estevadeordal (2004), op.cit . Regionalism in the Americas Open Regionalism Simultaneous Preferential and MFN Liberalization in Latin America 50 40 MFN Tariffs for 11 countries 30 20 10 Preferential Tariffs of 11 countries with respect to their RIA partners in the region 0 1985 1987 UNCTAD/CD-TFT 18 1989 1991 1993 1995 18 1997 East Asia has expanded its trade globally & regionally • • • Regional trade significant in 30% income generation 25% With greater 20% integration into global supply 15% chain 10% Importance of competitive 5% supply capacity 0% Source: World Bank (2005), op. cit. UNCTAD/CD-TFT Intra-regional trade as a share of GDP, 2002 26.5% 15.3% 6.4% 5.3% 3.5% 0.8% East Asia Europe & LA Central Asia Middle EastSouth & N. Africa Asia Sub- 19 Saharan Africa 19 Intra-RTA trade yet grew faster in S-S RTAs ASEAN Intra % ASEAN Intra ASEAN RoW Andean Intra % 600.0 Andean Intra Andean RoW 30 1000.0 16 900.0 500.0 14 25 800.0 12 400.0 700.0 20 10 600.0 300.0 15 200.0 10 500.0 8 400.0 6 300.0 4 100.0 200.0 5 2 100.0 0.0 0 0.0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 SADC Intra % SADC Intra SADC RoWl MERCOSUR Intra % 600.0 12 600.0 500.0 10 500.0 400.0 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 8 MERCOSUR Intra MERCOSUR RoW 25 20 400.0 15 300.0 6 300.0 200.0 4 200.0 100.0 2 100.0 0.0 0 0.0 10 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 5 0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 Note: 1990=100 (left) & intra-RTA import share (right). Source: UNCTAD UNCTAD/CD-TFT 20 20 Developing Countries and RTAs Some DCs are highly dependent on some trading partners (West Africa with EU) and tariff revenue => significance of N-S RTAs for individual DCs 21 UNCTAD/CD-TFT 21 M. Kuwayama, “South-South Integration and Cooperation: A Latin American Perspective, presentation at a pre-UNCTAD XI seminar on regionalism, Rio de Janeiro, 8 June 2004. S-S RTA have the potential to foster diversification of DC exports into more value-added & technology intensive products (Latin America excluding Mexico) South-North South-South 52,5% 2000-2002 47,5% 100% 80% 60% 40% 20% 0% United States UNCTAD/CD-TFT European Union Primary Products Low technology high technology Japan LACs Asia Others Total NN.RR. based manufactures intermediate technology 22 Excluding22 Mexico Trade Effects of RTAs Some 50% of world trade estimated under RTAs in 2005 as compared to 40% in 2000. Or over 30% (or 20% if MFN duty free excluded) DCs liberalization driven mainly by unilateral lib & RTAs impacts may have been more limited than might appear & proceeded with MFN liberalization Some large North RTAs account for the significant share given their market size & have higher regional intensity of trade East Asia expanded intra-regional trade not necessarily relying on preferences => competitive supply capacity 23 UNCTAD/CD-TFT 23 Trade Effects of RTAs N-S RTAs important for individual DCs in terms of volume & pose adjustment given their import concentration N-S RTAs tend to reinforce existing comparative adv (natural resource-based or lower value-added products with high import content) S-S RTAs intra-RTA trade is relatively low but steadily increasing over the past decades with variation across groupings (ASEAN) S-S RTAs (& trade) important for diversification into nontraditional new markets & fast-growing, more valueadded, technology-intensive products (dynamic comparative adv) 24 UNCTAD/CD-TFT 24 New Regionalism Deep (positive) integration = positive harmonization of regulatory standards <=> Shallow (negative) integration = elimination of trade barriers (tariffs) Broader policy coverage: “behind-the-border” measures (services, IPR, investment, CP, GP) => Greater implications for development policy options WTO-plus in scope & depth Potential for dynamic gains, greater impact on national economy & development policies. Positive coherence with MTS matters 25 UNCTAD/CD-TFT 25 Welfare Effects of an RTA Positive RTAs creates trade (static trade creation) RTAs generates dynamic gains from scale economy, greater competition, FDI inflows & technology transfer Negative RTAs diverge trade from more efficient third countries to less efficient RTA partners 26 UNCTAD/CD-TFT 26 P Trade Creation & Diversion S D Price ↓, C ↑, P↓, Imp ↑ Producer ↓ (a) Consumer ↑(abcd) Gov rev loss ↓(ce) Gains from TC (b+d) Loss from TD (e) Pw + t a PRTA b c d e Pw 0 UNCTAD/CD-TFT S2 S1 D1 D2 Q 27 27 Conditions for Trade Creation & Diversion The higher the initial tariffs, the greater the effects, be it trade creation or diversion The lower the post-RTA CET, the more likely it is that the RTAs is welfare increasing (less TD) The greater the number of RTA partners, the more likely it is that there will be net trade creation Wide differences in comparative advantage is likely to lead to net trade creation The higher the share of trade with partner countries the greater the possibility of welfare enhancing RTAs 28 UNCTAD/CD-TFT 28 Risk of trade diversion high in RTA with high external tariffs NAFTA AFTA SADC EAC MERCOSUR COMESA ECOWAS SAPTA 0 5 10 15 Average weighted tariffs Note: Tariffs are import-weighted at the country level to arrive at RTA averages Source: UN TRAINS/WITS, from World Bank (2005), op. cit. UNCTAD/CD-TFT 20 25 29 29 Policy Issues in Trade Creation & Diversion Trade creation = trade adjustment (like any other liberalization) => Issues for DCs under NS RTAs Trade diversion hurts both RTA members and non-members Non-members => Lost export sales. Also hurt by TC Members => Lost tariff revenue not compensated by consumer gains MFN reduction an answer? Trade diversion = static concept => Need to assess trade diversion relative to the non-static benefits of increased trade 30 UNCTAD/CD-TFT 30 Rules of Origin RoO determine the eligibility for preferential treatment of a good => can be a powerful trade policy instrument Insulate an industry from the consequences of FTA Protect intermediate good producers by favoring intra-PTA supply links (resultant distortion = 4.3% tariffs) Be used to attract investment in strategic sectors Restrictive rules hampers the use of preferences (e.g., double transformation rule for T&C: Yarns => fabrics => clothing) Cost of compliance (1.8% under NAFTA) Often more restrictive in N-S RTAs 31 UNCTAD/CD-TFT 31 Dynamic Effects Economies of scale Greater specialization & increased production IRS => product differentiation => Intra-Industry trade Competition => efficiency => innovation FDI inflows Transfer of technology Productivity & economic growth 32 UNCTAD/CD-TFT 32 Deeper Integration for Dynamic Gains? Potential for greater gains as eliminating NTBs and harmonizing regulatory standards lead to larger markets & economies of scale Tariff first, NTB next? (S-S RTAs) Upwards harmonization entails costs and can be sub-optimal for DCs Broader coverage of behind the border regulatory issues have implications to domestic development policy options = policy space loss 33 UNCTAD/CD-TFT 33 RTAs & Policy Space 34 UNCTAD/CD-TFT 34 Summary RTAs proliferated worldwide with impact on trade RTAs relevant to development as trade is increasingly important for GDP & growth and trade policy as development policy instruments New regionalism entail broader & deeper policy coverage thus affect DC policy space (more than the MTS) Regional negotiations matter in determing terms and conditions of the agreement 35 UNCTAD/CD-TFT 35 Part II Interface Between WTO & RTAs Development Perspective 36 UNCTAD/CD-TFT 36 Questions (1) How do RTAs affect WTO/MTS? (2) How does WTO/MTS affect RTAs? => Implications for developing countries in regional trade negotiations 37 UNCTAD/CD-TFT 37 (1) How Do RTAs Affect WTO? “Building block” Thesis Quicker & deeper integration for global free trade: Same goal, different routes through open regionalism Competitive liberalization thesis Large RTAs increase the incentive for the outsiders to advance multilateral liberalization to minimize trade diversion (UR & Single European Market, UR conclusion & NAFTA/APEC) Laboratories for testing new approaches (services, investment, competition policies) RTAs as development tool: incubator of production and export diversification for gradual and strategic integration into world economy / MTS Locking-in of domestic reform at regional level 38 UNCTAD/CD-TFT 38 (1) How Do RTAs Affect WTO? “Stumbling block” Thesis Inward-looking & protectionist bloc Reduce incentive for MTS, esp. in MA and new issues (WTO-plus, NN RTAs) Specialization of areas and «forum-shopping» (only AG Subsidy & DS for WTO?) Administrative burdens and negotiating capital constraints (overlapping membership to several RTAs) (RoO) Fragmentation of regional rules in new areas & jurisprudence 39 UNCTAD/CD-TFT 39 (1) How Do RTAs Affect WTO? “Stumbling block” Thesis Deep integration limits policy space for proactive development policies Policy space and SDT permitted under MTS overridden (e.g. less than full reciprocity) Negotiating leverage at MTS (bilateral FTAs) N-S RTAs may weaken S-S RTAs Exclusion of small countries / « template » RTA « Hub & spoke » RTAs 40 UNCTAD/CD-TFT 40 (2) How Does WTO Affect RTAs? (i) WTO rules on RTAs define the conditions to be met by RTAs (ii) MFN market access conditions determine the level of preferences under RTAs (iii) WTO disciplines on regulatory issues constitute minimum standards for all 41 UNCTAD/CD-TFT 41 (i) RTAs and WTO Rules 42 UNCTAD/CD-TFT 42 (ii) RTAs and WTO Rules Comment WTO rules notoriously ineffective Not an answer to discipline proliferation of RTAs? But not mean rules are useless Rules of the game => affect terms of RTAs Not matter for many RTAs Special relevance for low income vulnerable DCs seeking flexible terms of RTAs (EPAs) 43 UNCTAD/CD-TFT 43 WTO Rules on RTAs Provisions Coverage GATT Article XXIV N-N, N-S RTAs in goods Enabling Clause S-S RTAs in goods GATS Article V All RTAs in services All provisions allow for derogation from MFN obligations in providing preferential treatment to RTA partners under certain conditions 44 UNCTAD/CD-TFT 44 GATT Article XXIV Scope Purpose (XXIV:4) Compatibility criteria Customs unions, free-trade areas or interim arrangements for CU or FTAs To facilitate trade between the parties and not to raise barriers to their trade with other Members. RTAs must satisfy, inter alia, paras 5 and 8 45 UNCTAD/CD-TFT 45 GATT Article XXIV:5-8 (i) Duties and other restrictive regulations of commerce (ORRCs) must be eliminated with respect to substantially all the trade among parties (para 8(a)(i)&(b)) (ii) Duties and other regulations of commerce (ORCs) must not be higher or more restrictive than prior to the RTA formation (para 5(a)(b)) (iii) « Reasonable length of time » for the formation of CU/FTA should exceed 10 years only in exceptional cases (para5(c)) (iv) Notification to the CTG, examination & reporting by CRTA on WTO consistency 46 («make recommendation» as required) UNCTAD/CD-TFT 46 Enabling Clause Scope Regional or global arrangements entered into among developing countries for the mutual reduction or elimination of tariffs & non-tariff measures Principles (a)Be designed to facilitate trade between the parties and not to raise barriers to or create undue difficulties for their trade with other Members; and (b)not impede the liberalization of trade between the parties at the multilateral level. 47 UNCTAD/CD-TFT 47 Enabling Clause (2) The Enabling Clause does not assume formal link with GATT Article XXIV conditions The Enabling Clause is less stringent than GATT XXIV as it permits reciprocal preferences on a limited range of products, & not « substantially all the trade» The clause permits reduce tariffs only, or non-tariff measures as well, & not « elimination» like GATT Article XXIV 48 UNCTAD/CD-TFT 48 GATS Article V Scope Economic integration agreements (EIAs) in trade in services V:4 To facilitate trade between the parties and not to raise the overall level of barriers to trade in services vis-à-vis third parties. V:1(a) "substantial sectoral coverage" (no of sectors, volume of trade affected and modes of supply), with no a priori exclusion of any mode of supply "the absence or elimination of substantially all discrimination, in the sense of [GATS] Article XVII" (national treatment) thorugh elimination of existing discriminatory measures and/or prohibition of new measures 49 V:1(b) UNCTAD/CD-TFT 49 GATS Article V (2) V:4 & 5 Not raise the overall level of barriers to trade in services within the respective sectors compared to the level applicable prior to the EIA V:3 (a) Flexibilities shall be provided for DCs regarding the conditions of V:1 in accordance with the level of development Under S-S EIAs, more favorable treatment may be granted to juridical persons owned or controlled by natural persons of an EIA member with respect to substantive business operations V:3 (b) 50 UNCTAD/CD-TFT 50 Issues in WTO Rules Negotiations DMD 29: Negotiations aimed at “clarifying and improving disciplines and procedures” on RTAs while taking into account “developmental aspects” How much is «substantially all the trade»? 90%? How to measure? How long is «reasonable period of time»? 12 years? What are the «exceptional cases»? How long is reasonable in such cases? How should WTO monitor, examine and decide on WTO compatibility of an RTA? Transparency Mechanism adopted in 2006 51 UNCTAD/CD-TFT 51 Debate on SAT Measurement Trade (import) value => Measure existing trade rather than future trade which are subject to prohibitive tariffs & with no imports. Can exclude many products with small or no trade value (EU) Tariff lines => Can exclude products with high trade value How to aggregate (EU) or disaggregate among RTA parties & among the one party if block-to-block RTA How to treat non-zero tariffs => tariff reduction promotes intra-RTA trade but no incentive if not counted for SAT NTBs like TRQ? What threshold? 52 UNCTAD/CD-TFT 52 Trade volume 95% Tariff line 33% 70 60 Trade volume 30% Tariff line 90% 50 40 30 20 10 0 A - 5% B10% C50% D80% E100% F100% G- H J K 53 UNCTAD/CD-TFT 53 “Substantially All the Trade” AUS 95% of HS 6-digit line w/o duties & TRQ at the end of 10 year period No “highly traded products” = >0.2% volume or top 50 imports within RTA No “significant exports” = >2% of a country’s total exports to the world EU Combined average of trade + tariff line coverage (Z= (X+Y)/2) w/ threshold to be determined later ACP Favorable methodology Lower threshold levels for DCs (as SDT) (Non-zero tariffs, TRQ, cumulative or individual) 54 UNCTAD/CD-TFT 54 Transitional Period AUS 70% of tariff lines at the entry into force 95% of tariff lines at the end of 10 year period Longer than 10 years only for “interim agreement” EU Longer than 10 year period Clarify “exceptional cases” ACP SAT applies only at the end of the transition period Relax the scope of “exceptional cases” for DCs No limitation on maximum period in exceptional cases but, if needed, should be consistent with development situations (>18 yrs) 55 UNCTAD/CD-TFT 55 SDT/Flexibilities for DCs AUS EU Open for some flexibilities for DCs ACP Formally & explicitly incorporate SDT in the application of Art XXIV conditions Clarify the flexibilities already provided for within the existing framework: Extent to which WTO rules already take into account discrepancy in development levels between RTA parties Flexibilities available during the transitional period (length, level of final trade coverage, degree of asymmetry) 56 UNCTAD/CD-TFT 56 ACP Proposal on GATT Art XXIV WTO-compatibility (then prevailing) & flexibilities for ACP under CPA Art 37:7 GATT Art XXIV requires “reciprocity” in liberalizing “SAT” under RTAs While SDT is available in MTN through “less-than-full reciprocity”, the extent of such SDT under RTAs is limited by reciprocity requirement of GATT Art XXIV GATT Art XXIV does not include SDT for N-S RTAs while GATS V does provide SDT No a priori reason why SDT cannot be included. Incorporate SDT in the application of Art XXIV conditions so as to allow for: Lesser product coverage, securer and longer transition periods, due consideration of developmental dimension in the examination process 57 UNCTAD/CD-TFT 57 Possible Challenge? A third country (MFN exporter) complains: EU tariff treatment discriminates against its exports, thus violates GATT Art I (MFN) Such preferential tariff is not justified under GATT Art XXIV because EPA in question is not an FTA in the sense of GATT Art XXIV due to product coverage less than “substantially all” or exceedingly long transition period Such EPAs indeed amounts to unilateral preferences similar to Lomé Convention, thus the Parties should have sought a WTO waiver …although GATT Art XXIV case very limited 58 UNCTAD/CD-TFT 58 (ii) RTAs and Market Access Negotiations in Goods & Services 59 UNCTAD/CD-TFT 59 Typical Issues in WTO & RTA Negotiations (vis-a-vis RTA partners) WTO RTAs Export Issues Preference erosion Exp revenue loss Improved market access & market entry Import Issues Policy space Policy space Adjustment Adjustment Gov revenue loss Gov revenue loss 60 UNCTAD/CD-TFT 60 Market access in Goods & Preference Erosion MFN market access conditions (tariffs) determined the level of preference available to RTA partners Preferential benefits are a function of MFN (& other preferences that may exist) WTO negotiations on agriculture & NAMA could lead to lowering of MFN rates causing preference erosion 61 UNCTAD/CD-TFT 61 Market Access Negotiations in Services No preference erosionas such but potentially affect the level of “preference” (to the extent that commitments are GATS-plus) E.g. US FTAs Binding of autonomous liberalization Negative list GATS-plus commitments sought in some key sectors (telecom/insurance, banking) 62 UNCTAD/CD-TFT 62 Services Negotiations & RTAs (2) Mode 4 & labour mobility Global gains of 160 billion from 3% quota in OECD with 70% accruing from low skill labour RTAs can provide suitable platform but achievement limited Full labour mobility tend to be between similar level of development = N-N or S-S RTAs Mode 4 commitments limited to high-skills (intercorporate transferees) 63 UNCTAD/CD-TFT 63 (iii) RTAs & Multilateral Disciplines on Trade-Related Issues 64 UNCTAD/CD-TFT 64 RTAs and Negotiations on TradeRelated Issues (i) TRIPS does not allow for preference – RTA commitments on IPR to be applied on an MFN basis (ii) Where no WTO rules exist (Investment, CP), RTAs are free to agree on any rule (either on an MFN or preferential basis) (iii) Even where no WTO rules exist, some issues are applied on an MFN basis by nature (T&E, T&L) RTA negotiations may lead to standard-setting negotiations that may be applied on an MFN basis 65 UNCTAD/CD-TFT 65 Conclusions The close linkage between WTO & RTAs => Coherent approach needed to both processes RTAs as an avenue for faster and deeper liberalization. Liberalization more effective vis-a-vis partners as RTAs eliminate duties on SAT RTAs are about preference, thus MFN matters DC flexibilities important under N-S RTAs (WTO rules) RTAs can affect policy space => Development policy options Develop supply capacity and competitiveness to gain from both WTO and RTA negotiations Deeper development cooperation & financial assistance important as complementary elements 66 UNCTAD/CD-TFT 66 Thank You Contacts Taisuke Ito E-mail: [email protected] Tel: +41 22 907 4893 Fax: +41 22 907 0044 67 UNCTAD/CD-TFT 67