UPSC MainsLAW-PAPER-I201915 Marks
Q32.

Explain the historical evolution, objectives and main principles of the General Agreement on Tariffs and Trade (GATT).

How to Approach

This question requires a chronological understanding of the GATT's evolution. The approach should be structured around historical phases (post-WWII, Kennedy Round, Tokyo Round, Uruguay Round), clearly outlining the objectives and principles underpinning each phase. Emphasis should be given to how GATT transitioned into the WTO, highlighting the shortcomings of GATT and the rationale behind the new framework. A table comparing key rounds will enhance clarity. Finally, discussing the core principles like Most Favored Nation and National Treatment is crucial.

Model Answer

0 min read

Introduction

The General Agreement on Tariffs and Trade (GATT) stands as a cornerstone of the post-World War II international trade order. Born out of a desire to prevent a repeat of the protectionist policies that exacerbated the Great Depression, GATT initially began as a multilateral agreement signed by 23 nations in 1948. Its primary aim was to reduce trade barriers and promote economic cooperation. While GATT successfully lowered tariffs significantly over several decades, its limitations, particularly in addressing non-tariff barriers and services trade, ultimately led to its replacement by the World Trade Organization (WTO) in 1995. This answer will trace the historical evolution, objectives, and main principles of GATT.

Historical Evolution of GATT

The evolution of GATT can be broadly divided into several phases, each marked by specific rounds of negotiations:

Phase 1: 1948-1955 (Initial Years)

  • Objective: Primarily focused on tariff reductions on manufactured goods.
  • Key Features: Established foundational principles; relatively limited scope.

Phase 2: 1956-1960 (Torquay Round)

  • Objective: Expanded the scope to include agricultural products and some services.
  • Key Features: Included the Enabling Clause, allowing developed countries to grant preferential treatment to developing countries.

Phase 3: 1961-1967 (Kennedy Round)

  • Objective: Significant tariff reductions, particularly in the steel and chemical industries. Addressed the issue of trade restrictions.
  • Key Features: The Kennedy Round marked the first attempt to address non-tariff barriers, although with limited success.

Phase 4: 1973-1979 (Tokyo Round)

  • Objective: Focused on both tariff and non-tariff barriers.
  • Key Features: The Tokyo Round introduced “codes” on various non-tariff measures like subsidies and countervailing duties, but these were voluntary and lacked enforcement mechanisms. This was a response to growing concerns about unfair trade practices.

Phase 5: 1986-1994 (Uruguay Round)

  • Objective: Comprehensive trade liberalization, including agriculture, textiles, and services. Established a dispute settlement mechanism.
  • Key Features: The Uruguay Round was the longest and most complex round of GATT negotiations. It resulted in the Agreement on Agriculture, the Agreement on Textiles and Clothing, and the General Agreement on Trade in Services (GATS). Crucially, it also established a more robust and binding dispute settlement understanding (DSU).
Round Years Key Objectives Key Features
Torquay Round 1956-1960 Expand scope to agriculture and services Enabling Clause
Kennedy Round 1961-1967 Reduce tariffs, address trade restrictions First attempt to address non-tariff barriers
Tokyo Round 1973-1979 Reduce tariffs & non-tariff barriers Introduction of voluntary codes on non-tariff measures
Uruguay Round 1986-1994 Comprehensive trade liberalization Agreement on Agriculture, GATS, binding Dispute Settlement Understanding (DSU)

Objectives of GATT

The primary objectives of GATT, as enshrined in its Article I, were:

  • Reduction of Tariffs: To progressively lower tariffs on goods traded between member countries.
  • Non-Discrimination: To ensure that trade benefits were extended to all member countries equally.
  • Transparency: To promote transparency in trade policies and regulations.
  • Predictability: To create a predictable and stable trading environment.

Main Principles of GATT

Several core principles underpinned the functioning of GATT:

  • Most-Favored-Nation (MFN) Treatment: Article I of GATT mandates that any advantage, privilege, or immunity granted to a product originating in one country must be immediately and unconditionally granted to all other members. This prevents discriminatory trade practices.
  • National Treatment: Article III requires that imported goods be treated no less favorably than domestically produced goods once they have entered a country’s territory.
  • Tariff Binding: Countries were required to bind their tariffs at agreed levels, preventing them from arbitrarily raising tariffs.
  • Reciprocity: Trade concessions were typically granted on a reciprocal basis - country A lowers tariffs if country B does the same.
  • Transparency: Members were required to publish their trade regulations and notify changes to the GATT Secretariat.

Despite its successes, GATT faced limitations. Its focus was primarily on merchandise trade, neglecting services and intellectual property. The voluntary codes on non-tariff barriers under the Tokyo Round were ineffective. The dispute settlement mechanism was also weak. These shortcomings led to the creation of the WTO.

Conclusion

The GATT served as a vital framework for promoting international trade liberalization for nearly five decades. Its evolution reflects the changing complexities of the global economy. While it achieved significant successes in reducing tariffs, its limitations in addressing non-tariff barriers and the rise of new trade issues ultimately necessitated its replacement by the WTO in 1995. The legacy of GATT remains significant, laying the groundwork for the rules-based multilateral trading system that governs international commerce today.

Answer Length

This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.

Additional Resources

Key Definitions

Most-Favored-Nation (MFN)
A principle requiring that any trade advantage granted to one country must be extended to all other members of the WTO or GATT.
National Treatment
Requires that imported goods be treated no less favorably than domestically produced goods once they have entered a country's territory.

Key Statistics

The average tariff on manufactured goods fell from around 15% in 1947 to below 5% by the mid-1980s, largely due to GATT negotiations.

Source: World Trade Organization

The Uruguay Round resulted in a reduction of agricultural subsidies by approximately 30% and tariffs by an average of 25%.

Source: WTO

Examples

Kennedy Round Example

The Kennedy Round significantly reduced tariffs on steel, a crucial industrial material, which facilitated global trade and economic growth in the 1960s.

Tokyo Round Example

The Tokyo Round's codes on subsidies and countervailing measures, while voluntary, attempted to address unfair trade practices like government support for domestic industries, but lacked enforcement power.

Frequently Asked Questions

What were the main limitations of GATT that led to the WTO?

GATT's focus on merchandise trade, lack of rules on services and intellectual property, and a weak dispute settlement mechanism were key limitations.

How did the Enabling Clause contribute to development?

The Enabling Clause allowed developed countries to grant preferential trade treatment to developing countries, fostering their economic growth and integration into the global trading system.

Topics Covered

International LawEconomyGATTInternational TradeWTO