Chapter 9 Textbook
spiral of high tariffs and protectionism
the cycle in the early 1930s where countries imposed high tariffs and quotas, leading to retaliatory measures and worsening economic conditions
great depression and protectionism
economic downturn exacerbated by protectionist policies, where countries raised tariffs and restricted imports, leading to global economic decline
bilateral tariff negotiations
slow process where countries negotiated tariff reductions with each other on thousands of items before world war ii
multilateralism in trade
post-world war ii approach involving multiple nations negotiating trade agreements, reducing barriers, and establishing dispute resolution mechanisms
gatt (general agreement on tariffs and trade)
a multilateral trade agreement aimed at reducing tariffs and other trade barriers, later replaced by the world trade organization
world trade organization (wto)
global organization that oversees international trade rules, settles trade disputes, and promotes free trade among member nations
trade agreement
a nation's legal commitment to other nations to align its laws and regulations with the terms of an international trade pact
impact of trade agreements
affects businesses of all sizes by shaping regulations on tariffs, services, and intellectual property in international markets
trade regulation
each country establishes its own trade policies to serve national interests, often influenced by domestic politics
trade barrier
any restriction that impedes the trade of goods or services, including tariffs, quotas, and regulatory hurdles
import trade barrier
any restriction that makes it harder or more costly to import foreign goods or services
reasons for regulating imports
economic, political, and public policy reasons such as revenue collection, domestic industry protection, and national security
tariff
a tax imposed on imported goods, either as a percentage of value (ad valorem) or based on quantity (specific tariff)
ad valorem tariff
a tariff calculated as a percentage of the value of imported goods
specific tariff
a tariff imposed based on physical units, such as weight or quantity, rather than value
global tariff
a tariff applied uniformly to a specific category of goods, regardless of the country of origin
nontariff barriers
trade restrictions other than tariffs, including quotas, licensing requirements, and complex regulations
direct nontariff barriers
explicit restrictions on imports, such as quotas, embargoes, and discriminatory licensing requirements
indirect nontariff barriers
seemingly neutral regulations that disadvantage foreign goods, such as differing safety standards or labeling requirements
trade disputes
conflicts between nations arising from protectionist policies or violations of international trade agreements
import licensing
government-imposed requirement for importers to obtain approval before bringing goods into the country
technical regulations as trade barriers
national standards for products that may unintentionally or intentionally restrict foreign imports
country of origin labeling
requirement that imported goods be labeled with their country of production, often serving as a nontariff trade barrier
example of indirect trade barrier
japan's 1974 large-scale retail stores law, which restricted large foreign retailers from entering the japanese market under the guise of protecting small businesses
repeal of japan's large-scale retail stores law
led to increased entry of american and european retail chains, transforming japan’s retail sector
bretton woods conference (1944)
A meeting of Allied nations in New Hampshire to establish international economic institutions, including the IMF, World Bank, and a vision for the International Trade Organization
general agreement on tariffs and trade (GATT 1947)
A multilateral trade agreement among 23 nations to reduce tariffs and trade barriers, becoming the most significant trade agreement of the 20th century
GATT organization formation
Although the International Trade Organization never materialized, GATT developed an administrative body and headquarters in Geneva by default
GATT multilateral trade negotiations
Trade negotiations conducted in rounds to reduce tariffs and trade barriers, beginning in 1947 with the Geneva Round
kennedy round (1964–1967)
A GATT round that resulted in significant tariff cuts, particularly on manufactured goods, involving 62 nations
tokyo round (1973–1979)
GATT round where over 100 nations agreed to tariff cuts averaging 34% and established codes to remove nontariff barriers
uruguay round (1986–1994)
A GATT round leading to widespread tariff reductions, elimination of nontariff barriers, and ultimately the creation of the WTO
transition from GATT to WTO
The Uruguay Round addressed GATT's deficiencies and led to the formation of the WTO, expanding trade regulations to services, agriculture, and intellectual property
world trade organization (WTO) formation (1995)
Replaced GATT as the primary international trade body, incorporating over 60 agreements to regulate global trade
key WTO agreements
Includes GATT 1994, GATS (General Agreement on Trade in Services), and WTO Dispute Settlement Understanding
functions of the WTO
Facilitates trade cooperation, administers agreements, monitors trade policies, assists developing nations, and settles trade disputes
WTO dispute settlement process
Provides a binding mechanism for resolving trade disputes between member nations
WTO and U.S. law
WTO agreements were enacted into U.S. law through congressional-executive approval but do not provide private rights to litigants
major principles of WTO trade law
Includes multilateral negotiations, transparency, reciprocal tariff reductions, most-favored-nation status, national treatment, and dispute resolution
tariff concession
each country’s promise to reduce tariffs on imports of a given item in exchange for tariff reductions from other countries
tariff bindings
maximum tariff rates a country may charge on an item, recorded in the country’s schedule of concessions at the wto
bound rate
the highest tariff rate a country can impose on a product as agreed in its schedule of concessions
tariff schedules
detailed listings of all tariffs for a country, including bound rates, published as legal commitments under gatt
harmonized tariff schedule of the united states
official document listing all us tariff rates, available from the united states international trade commission
modifying tariff bindings
countries must negotiate with affected nations and offer offsetting concessions if they want to raise bound tariff rates
european economic community—import regime for bananas (1995)
gatt panel case where the eec violated its tariff commitments by increasing banana tariffs and imposing a licensing scheme
eec bound rate for bananas
20 percent ad valorem tariff negotiated with developing banana-exporting countries
eec tariff violation
raised banana tariffs from 20 to 180 percent and imposed a restrictive licensing system, impairing foreign exporters’ rights
article ii—schedules of concessions
requires that countries provide trading partners with no less favorable tariff treatment than what is bound in their schedules
impact of eec tariff changes
latin american banana producers had made strategic investments based on the original bound tariff and suffered economic harm due to the new system
legal basis for latin america’s objections
violations of article ii (tariff commitments), article i (mfn principle), and other gatt provisions
importance of tariff commitments
ensures stability and predictability in trade; without them, exporters face uncertainty, disrupted markets, and potential financial losses
conversion of tariff types
switching between specific and ad valorem tariffs can impact the value of concessions and requires negotiation under gatt rules
collaboration
working jointly with others to achieve a common goal
supply chain relationships
connections between companies and their suppliers, customers, and other partners
sustainability reporting
disclosure of environmental, social, and governance (ESG) performance metrics
organizational culture
shared values, beliefs, and norms influencing business behavior
stakeholders
individuals or groups affected by a company’s actions and decisions
government
a key stakeholder in sustainability, setting regulations and policies
people perspective of sustainability
focuses on social responsibility, including employees, communities, and customers
metrics
quantitative measures used to assess sustainability performance
transparency
openness in reporting sustainability efforts and impacts
supply chain sustainability
integrating environmental, social, and economic concerns into supply chain management
sustainable procurement
purchasing goods and services with consideration for environmental and social impact
corporate social responsibility (CSR)
business approach that contributes to sustainable development and societal well-being
environmental impact
effect of business activities on natural resources and ecosystems
regulatory compliance
adherence to laws and regulations affecting sustainability practices
risk management
identifying and addressing potential sustainability-related risks in operations
carbon footprint
total greenhouse gas emissions caused directly or indirectly by an organization
circular economy
economic system aimed at minimizing waste and maximizing resource efficiency
resource efficiency
using materials and energy effectively to reduce environmental impact
social responsibility
company's duty to act in the best interest of society as a whole
corporate governance
system of rules and practices guiding business ethics and accountability
supply chain resilience
ability of a supply chain to adapt and recover from disruptions
life cycle assessment
evaluation of environmental impact throughout a product’s life cycle
ethical sourcing
obtaining materials and products responsibly, considering labor and environmental factors
greenwashing
misleading claims about a company’s sustainability efforts
carbon neutrality
achieving net-zero carbon emissions through reduction and offsetting strategies
balance-of-payments (BOP) deficit
when a nation's outflow of foreign exchange exceeds its receipts
quantitative restrictions
limits on imports or exports, such as quotas or licensing schemes
GATT Article XII
allows quotas only in severe national BOP emergencies and for a limited time
foreign exchange reserves
a country’s holdings of foreign currencies used for international transactions
developing countries and foreign exchange
historically relied on major currencies for trade and needed foreign reserves to import essential goods
India—Quantitative Restrictions on Imports of Agricultural, Textile, & Industrial Products
WTO case where the U.S. challenged India's import licensing system as violating GATT rules
negative list
list of goods restricted from import without special licenses
actual user condition
requirement that only end users, not distributors, could import certain goods
import licensing as a trade barrier
complex, discretionary systems that restrict trade by limiting import approvals
balance-of-payments argument in WTO cases
a defense for import restrictions that must show actual economic necessity
India’s balance-of-payments justification
rejected because India had sufficient reserves and did not need trade restrictions
GATT Article XI
prohibits quantitative restrictions on imports and exports except in specific situations
quantitative restrictions on exports
limits on exports, often used to control scarce resources and manipulate markets
rare earth elements case
WTO ruled China’s export quotas on rare earths violated trade rules
protectionist import licensing
restrictive schemes disguised as trade regulations to shield domestic industries
United States—Shrimp and Sea Turtle Case
WTO ruled that U.S. import restrictions on shrimp violated Article XI due to arbitrary implementation
GATT Article XX
allows trade restrictions for specific public policy goals, such as protecting health and preventing deception
GATT Article XXI
permits trade restrictions for national security reasons, including arms control
WTO dispute-settlement procedures
a quasi-judicial process for resolving trade disputes when countries cannot reach a settlement, preventing unilateral retaliatory actions and trade wars
nullification or impairment
when a WTO member violates its commitments, negatively impacting other member nations’ rights under WTO agreements
WTO Dispute Settlement Body (WTO-DSB)
the entity that oversees dispute resolution, appoints panels, adopts decisions, and authorizes withdrawal or suspension of concessions
binding WTO-DSB decisions
decisions that cannot be vetoed by involved parties, ensuring compliance with WTO agreements
WTO dispute resolution process
begins with consultations; if unresolved in 60 days, a panel is formed; decisions can be appealed to the WTO Appellate Body
WTO dispute resolution panel
consists of three to five individuals who determine if WTO agreements have been violated and issue reports on findings
WTO Appellate Body
a permanent body of seven judges that reviews panel decisions on legal issues, with decisions upheld unless rejected by consensus
compliance with WTO rulings
the violating country must respond within 30 days and comply within a reasonable time; compensatory adjustments or sanctions may follow
trade sanctions in WTO disputes
temporary penalties imposed by the complaining party if the violating country does not comply with WTO rulings
European Communities—Regime for the Importation, Sale & Distribution of Bananas
a WTO dispute where the U.S. challenged EU import restrictions favoring former European colonies over Latin American producers
legal interest in WTO cases
the WTO ruled that a country does not need direct economic harm to file a complaint under GATT
Banana Wars
a prolonged trade dispute between the U.S. and the EU over banana import restrictions, resulting in retaliatory tariffs and eventual resolution in 2012
WTO reports as legal precedent
not binding in future cases but cited for persuasive value in subsequent WTO decisions
WTO decisions and U.S. law
not binding on U.S. courts, though they may be cited for persuasive reasoning; compliance is determined by Congress or the executive branch
exceptions to normal WTO trade rules
allow for special trading arrangements such as trade preferences for developing countries and regional trade agreements like free trade areas
most-favored-nation (MFN) tariff rates
standard tariff rates granted to all WTO members unless exceptions apply, ensuring nondiscrimination in trade
trade preferences for developing countries
WTO agreements allow trade preferences to help developing countries with social and economic development through reduced tariffs or duty-free imports
generalized system of preferences (GSP)
A U.S. program that allows duty-free or reduced-rate imports from developing countries to support their economic growth, benefiting both U.S. consumers and businesses
eligibility for GSP status
Criteria for GSP eligibility include tariff preferences, direct imports from approved countries, and compliance with specific laws like narcotics enforcement, workers’ rights, and child labor prohibition
caribbean basin initiative (CBI)
A U.S. program providing trade preferences to Caribbean nations, offering duty-free imports on various goods like textiles, agricultural products, and electrical parts
africa growth and opportunity act (AGOA)
A U.S. initiative promoting economic growth in sub-Saharan Africa by granting duty-free access to the U.S. for eligible African products, emphasizing human rights and free-market development
free trade areas
Regions where countries agree to reduce or eliminate tariffs and trade barriers on goods among them, such as NAFTA or KORUS FTA
customs union
A free trade area with a common external tariff, often a step towards deeper economic integration
common market
An advanced form of a customs union that allows the free movement of money, labor, and factors of production, such as the European Union
caribbean community (CARICOM)
A political and economic union of Caribbean nations working towards a fully integrated single market economy, with legal and dispute-resolution systems
common market of the south (MERCOSUR)
A South American trade bloc with Argentina, Brazil, Paraguay, and Uruguay, aiming for economic integration with associate members like Chile and Peru
andean community of nations (CAN)
A regional trade agreement between Bolivia, Colombia, Ecuador, and Peru, promoting the free movement of people and favorable trade preferences among member nations
african regional economic communities
Multiple small trading blocs across Africa, including COMESA, the largest free trade area, and the African Union aiming for pan-African economic integration
asian free trade initiatives
Economic cooperation initiatives in the Asia-Pacific region, such as ASEAN, which reduces tariffs on goods but lacks the legal structure of common markets like the EU
middle east economic integration
Economic cooperation in the Gulf Cooperation Council (GCC) and the Greater Arab Free Trade Area (GAFTA), which reduce tariffs and promote regional integration in the Middle East and North Africa
gatt/wto system
The global framework for regulating international trade, promoting trade liberalization and reducing tariff and nontariff barriers since the end of World War II
doha development round
A WTO initiative aimed at reducing tariffs and trade barriers, particularly for developing countries, that has stalled over issues like agricultural subsidies
regionalism
The growing trend of bilateral and regional trade agreements as countries find common interests at the regional level, often bypassing multilateral agreements like the WTO
bretton woods conference (1944)
A meeting of Allied nations in New Hampshire to establish international economic institutions, including the IMF, World Bank, and a vision for the International Trade Organization
general agreement on tariffs and trade (GATT 1947)
A multilateral trade agreement among 23 nations to reduce tariffs and trade barriers, becoming the most significant trade agreement of the 20th century
GATT organization formation
Although the International Trade Organization never materialized, GATT developed an administrative body and headquarters in Geneva by default
GATT multilateral trade negotiations
Trade negotiations conducted in rounds to reduce tariffs and trade barriers, beginning in 1947 with the Geneva Round
kennedy round (1964–1967)
A GATT round that resulted in significant tariff cuts, particularly on manufactured goods, involving 62 nations
tokyo round (1973–1979)
GATT round where over 100 nations agreed to tariff cuts averaging 34% and established codes to remove nontariff barriers
uruguay round (1986–1994)
A GATT round leading to widespread tariff reductions, elimination of nontariff barriers, and ultimately the creation of the WTO
transition from GATT to WTO
The Uruguay Round addressed GATT's deficiencies and led to the formation of the WTO, expanding trade regulations to services, agriculture, and intellectual property
world trade organization (WTO) formation (1995)
Replaced GATT as the primary international trade body, incorporating over 60 agreements to regulate global trade
key WTO agreements
Includes GATT 1994, GATS (General Agreement on Trade in Services), and WTO Dispute Settlement Understanding
functions of the WTO
Facilitates trade cooperation, administers agreements, monitors trade policies, assists developing nations, and settles trade disputes
WTO dispute settlement process
Provides a binding mechanism for resolving trade disputes between member nations
WTO and U.S. law
WTO agreements were enacted into U.S. law through congressional-executive approval but do not provide private rights to litigants
major principles of WTO trade law
Includes multilateral negotiations, transparency, reciprocal tariff reductions, most-favored-nation status, national treatment, and dispute resolution
principle of least restrictive trade
wto member countries must ensure that trade restrictions are no more burdensome than necessary to achieve legitimate policy goals
national regulations and trade barriers
laws for public welfare, such as health codes and environmental regulations, must minimize unnecessary obstacles to international trade
wto appellate body balancing test
nations must balance the necessity of protecting public welfare against restrictions on free trade when enacting regulations
thailand—restrictions on importation of cigarettes (1990)
a gatt panel case where thailand's import ban on foreign cigarettes was ruled inconsistent with gatt article xi:1 and not justified under article xx(b)
gatt article xi:1
prohibits countries from using import licenses and other restrictions to limit imports unless justified under specific gatt exceptions
gatt article xx(b)
allows countries to implement trade restrictions necessary to protect human, animal, or plant life or health
thailand’s justification for cigarette import ban
thailand argued that the ban was necessary to control smoking and prevent exposure to harmful chemicals in foreign cigarettes
gatt panel ruling on thailand’s cigarette ban
the panel found that thailand’s restrictions were not necessary under article xx(b) because alternative, non-discriminatory measures could achieve the same public health goals
alternative measures for thailand
the panel suggested thailand could use ingredient disclosure regulations, bans on unhealthy substances, advertising restrictions, and government monopolies without discriminating against imports
gatt article iii:4
permits countries to regulate the sale, distribution, and advertising of imported goods as long as they do not treat them less favorably than domestic products
gatt article xvii
allows countries to create state enterprises with import-export authority but prohibits them from discriminating against foreign goods
market access agreements under wto
agreements that ensure exporters have access to foreign markets in areas such as technical barriers, government procurement, services, agriculture, investment measures, and intellectual property
technical barriers to trade
national standards and regulations that products must meet before being sold in a market, which must not be used to unfairly restrict trade
government procurement agreements
rules ensuring fair access to government contracts for foreign suppliers without discrimination
trade in services under wto
rules governing international trade in sectors like finance, telecommunications, and consulting to ensure fair competition
trade in agricultural products
wto rules regulating subsidies, tariffs, and trade barriers in agricultural trade
trade-related investment measures (trims)
wto rules limiting national investment policies that unfairly restrict foreign trade or create market distortions
trade-related aspects of intellectual property rights (trips)
wto agreement establishing minimum standards for protecting intellectual property rights across member nations
us response to foreign trade barriers
us laws allow retaliation against unfair foreign trade practices that deny market access or discriminate against us firms
presidential authority in trade retaliation
us statutes grant the president authority to impose trade sanctions against countries violating trade agreements
government agencies in trade enforcement
us government departments monitor and enforce trade rules to protect domestic industries from unfair foreign practices