In depth I  GATS - trade in services
The perils of a Doha deal on services
Source: CADTM
Developing country governments have been rightly concerned about agreeing to texts which promise illusory reductions in agricultural subsidies in the European Union and United States and require them to cut their industrial tariffs proportionally more than the developed countries. They should also not allow themselves to be snookered into a bad agreement on services. July 2008.[see more]
 
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The General Agreement on Trade in Services (GATS) is one of the most comprehensive agreements of the World Trade Organization (WTO). Its aim is to increasingly liberalize "trade in services" among WTO members.

The GATS came into force in January 1995, but negotiations officially began in early 2000. In March 2001, the Trade in Services Council set out the Guidelines and Procedures for Negotiations. The Declaration of the Doha Ministerial Conference (November 2001) backed the efforts conducted thus far, endorsed the guidelines and procedures for negotiations, and set a deadline to close negotiations: 1 January 2005.

Trade in services is defined broadly to include direct foreign investment in services such as health, education, water, pensions, and transportation. Liberalization means, among other things, eliminating any government policies whereby national providers are favored over foreign ones, such as, for example, preferential public subsidies. Significantly, it also involves eradicating state monopolies, as well as deregulation whenever a norm is considered too onerous for foreign investors and service providers.

WTO leaders have denied claims that the GATS would lead to privatization of public services. They supported this statement by pointing to a provision that stipulates that the GATS is not applicable to services "rendered in the exercise of governmental authority" and other examples of the wording of the GATS that protect a government’s right to regulate. But the wording offers little consolation to those alarmed by its potentially limiting effect on government regulation and policies. Industrial lobbyists of the North are making no attempts to disguise their intention of seeking urban infrastructure markets in the developing world. Then again, it’s the small print that tells the real story.

A critical issue in this debate is that all the key terms of the agreement are left undefined and will only be determined by WTO dispute resolution panels. Consequently, any claim that the GATS protects public services must be met at least with some skepticism.

The civil society of the South believes that the trade regulations and negotiations included in the GATS must undergo a radical transformation if they are to benefit the world’s poorest citizens. The GATS, it is argued, is not a ‘development-friendly’ agreement, as its advocates maintain, but rather an instrument wielded by the industrialized world to steadily curb the chances of development of the poorest countries, through successive rounds of negotiations.

The current services negotiations at the WTO have also led to fears that countries could be pressurized into commitments that will limit the ability of governments to regulate and ensure affordable and equitable access to essential services: it is unrealistic to expect profit-seeking private companies operating under market forces to meet the needs of the less lucrative groups of the population. This is partly because it is hard – particularly for governments that are not strong– to regulate a powerful private sector and partly because making commitments to allow foreign service providers access to the domestic market can reduce the scope a government has to regulate in the public interest (known in trade-related jargon as policy space).

Moreover, the bilateral format gives more scope than multilateral fora for arm-twisting by powerful countries, to persuade smaller countries to open more service sectors to international competition. A 2002 study by the Commonwealth Secretariat found that newly acceded WTO Members, all of which are developing countries, were pressurized to open more service sectors during accession negotiations.

According to a paper by the United Nations Conference on Trade and Development (UNCTAD) secretariat, prepared for the Commission on Trade in Goods and Services and Commodities on March 2005, services negotiations in the WTO have so far not attained an overall balance of rights and obligations, the increase in developing countries' service exports has been small, and the initial offers by major trading partners has been disappointing for developing countries. The paper says that the assessment of trade in services continues to be a main concern for developing countries, as lack of assessment and information is a main impediment to their more active participation in the services negotiations.

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News
Up-to-date current affairs information.
Tue Feb 21 2006
UNCTAD panel debates state of WTO services negotiations

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