WTO CONFERENCE 2021 CORNELL MODEL UNITED NATIONS
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Copyright © 2021 by the Cornell Model United Nations Conference All rights reserved. This document or any portion thereof may not be reproduced or used in any manner whatsoever without the express written permission of the Cornell Model United Nations Conference (CMUNC) except when used for educational purposes. Commercial reproduction or reference to this document requires the express written consent of the current Secretary-General of CMUNC. Further terms of use for commercial purposes will be determined on a case-by-case basis. For more information on CMUNC, use the Contact Us page located at: cmunc.net 2
CMUNC 2021 Secretariat Secretary-General Malvika Narayan Director-General Bryan Weintraub Chief of Staff James “Hamz” Piccirilli Director of Events Alexandra Tsalikis Director of Outreach Akosa Nwadiogbu Director of Communications Annie Rogers Director of Finance Daniel Bernstein Director of Operations Andrew Landesman Under-Secretary Generals Robyn Bardmesser Avery Bower John Clancy Mariana Goldlust 3
From Your Chair Dear Delegates, Welcome! My name is Kate Konvitz. I am a freshman in the College of Arts and Sciences studying the intersection of government, economics, and the Middle East, and I am ecstatic to be chairing the WTO at CMUNC 2021. In addition to Model UN, I sing, play tennis, intern for Cornell Hillel, and make a mean oreo-cookie-brownie skillet. I love to travel and am hoping to intern in Israel this upcoming summer. Also, feel free to send notes to the chair after committee sessions with titles of movies that “make you think-” interpret that as you wish, I am a big movie buff, and am always looking for a new suggestion. I attended around twenty conferences during my three years as a high school delegate, and, ultimately, it was these conferences that helped shape me into the person I am today. I have made countless Model UN friends, many with whom I still talk to, and I hope you can cultivate similar friendships at CMUNC 2021. At my first committee session, way back in 2016, I walked to the podium, proudly representing the Kingdom of Saudi Arabia. I delivered an intense speech in front of seventy-five strangers, thought I rocked it, and then, the moment I sat back down, realized I had argued the opposite position than the position that I had been called on to argue. I fell in love with Model UN at that moment. I may have made a couple mistakes over the past five years, but it was ultimately these moments that pushed my boundaries and transformed me into a more confident, diplomatic, and knowledgeable person. I am so excited to witness your geniuses this April and watch as you strive to develop comprehensive solutions to some of the world's most pressing and serious problems. If you have any questions, comments, or concerns I am your guide! Please, email me at kak326@cornell.edu. Looking forward to an incredible weekend with you all! Best, Kate Konvitz 4
Introduction to the Committee The World Trade Organization (WTO) is an agency of the United Nations that serves as a forum for trade negotiations and opening markets. The goal of the WTO is to ensure that trade flows smoothly, predictably, and freely. The organization operates under a system of rules which provides a means for governments to settle international trade disputes. The WTO has played a major role in increasing market access across the world and lowering trade barriers for developing countries; however, its primary purpose is to allow trade to flow as freely as possible provided there are no severe repercussions. This means in some circumstances, the WTO supports maintaining these trade barriers such as for the protection of consumers or to prevent the spread of disease. With each trade agreement, the WTO seeks to find a balance between maintaining a free market and assisting developing nations. Overall, the WTO seeks to support producers, exporters, and importers of goods while ensuring that governments can meet their social and environmental goals. Members of the WTO meet for the purpose of drafting, negotiating, and signing trade agreements that serve as international contracts that frame the “legal ground rules for international commerce.” They outline the agreed-upon trade policies and restrictions that signing governments are expected to uphold. This committee will work towards developing working papers that will serve as trade agreements regarding the expansion of market access and provide means of decreasing trade barriers for developing countries. 5
Figure 1. This figure demonstrates which nations are members of the WTO as well as non-member states Figure 2. This picture depicts the various trading blocs that exist within the WTO. 6
Topic I: Ensuring Fair Labor Practices and Upholding Labor Rights in WTO Agreements Background and Overview The intersection between international trade agreements and labor standards has been a contentious point of debate among the global community. The effects of globalization and the expansion of international free trade have created both positive and negative consequences. One key issue is the “race to the bottom,” or the reduction of labor conditions in an attempt to lower production costs and expand trade. This has become especially problematic with the emergence of developing countries in global markets. To compete in international trade and keep up with production demands, these countries have often resorted to reducing labor standards through lowering wages, increasing working hours, and threatening labor rights. Consequently, other countries have advocated for the inclusion of labor standards in trade agreements in order to protect workers’ rights and equalize the playing field. Globalization’s effects and trade issues have prioritized workers’ rights for many countries. Achieving strong levels of decent work in the globalized economy is an effort that needs to be facilitated at the international level. However, there has been much hesitation about including labor standards in trade agreements, as well as what kinds of standards countries should be held accountable to. Currently, there are no WTO agreements that include labor standards or fair labor practices. The growing recognition for the protection of labor rights has facilitated the inclusion of labor standards in regional and bilateral trade agreements. One example of this can be seen in a recent trade agreement between the United States and Jordan. In this trade agreement, the nations agreed to protect the core ILO labor standards, outlined a dispute resolution system for labor issues, and actions that can be taken to hold countries accountable. Examples like this, although not protocol, have become more common in recent years. The need to balance economic and labor interests has become even more apparent and will be the main goal of this committee. 7
International Labor Organization and Core Labor Standards The International Labor Organization (ILO) is the primary international governing body responsible for labor issues and labor standards. The ILO is a tripartite agency that includes governments, employers, and workers from its 187 member states. Since its creation, the ILO has served as a policy creator and enforcer in order to promote workers’ rights and human rights. Through its work, the ILO aims to set labor standards, develop policies, and create programs that promote decent work for all women and men. The labor standards that the ILO has set forth through its policies and conventions have become the internationally accepted labor standards by which member nations are expected to abide. These standards are also the ones that are often at issue when considering labor standards in trade agreements. One of the most important steps that the ILO has taken in order to address workers’ rights is the creation of the “ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up.” This Declaration, which was adopted in 1998, commits its Member States to respect and promote the principles in the four categories that the Declaration outlines. The provisions in the Declaration apply to all Member States regardless of whether they have signed previous ILO conventions or what their level of economic development is. The four main categories of fundamental rights for workers are: freedom of association and the effective recognition of the right to collective bargaining; the elimination of all forms of forced or compulsory labor; the effective abolition of child labor; and, the elimination of discrimination in respect of employment and occupation. Although these are the core labor right outlined in the Declaration, the ILO has gone to further recognize and emphasize the need to observe additional rights such as the right to a living wage, humane working hours, a safe and healthy workplace environment, a recognized employment relationship with labor and social protection, and the right to organize trade unions and strike. Despite the international recognition and acceptance of these core labor standards, specifically, those found in the ILO Declaration on the Fundamental Principles and Rights at Work, enforcement of these standards remains a challenge. The ILO currently has an established supervisory system to help ensure that countries implement the conventions that they ratify and uphold the core labor standards. There are two kinds of supervisory mechanisms in place that include a regular system and a set of special procedures, both of which supervise the application of ILO policy in law and in practice. Mechanisms through which nations are held accountable for enforcing and promoting ILO 8
labor standards have been one of the key points of the debate on whether these standards should be included in trade agreements. The WTO, along with many of its member states, recognize the need to have these standards, but continuously push back on their inclusion in WTO and other international trade agreements. Disagreement over enforcement, as well as the implementation of the standards by nations, has also prohibited the inclusion of labor standards in international treaties. History of Labor Standards and WTO Agreements Since the WTO’s creation 25 years ago, its member states have disagreed as to how to handle labor issues in their negotiations. Some have even gone so far as to claim that there is no intersection between trade and labor as a justification for not incorporating any sort of labor provisions in treaties. Due to the divergent views about ensuring fair labor practices and incorporating labor standards in WTO agreements, there are currently no WTO agreements that discuss labor standards for countries engaged in the treaty. Even though the consideration of labor issues has not been made explicit in WTO trade agreements, the WTO has acknowledged the issue and the current debate surrounding it. The precedent for the point of view of the WTO on labor standards is rooted in the 1996 Ministerial Conference. At this WTO Conference, the WTO affirmed its position on labor issues and trade agreements and has maintained this position since then. In regards to the core labor standards, the WTO renewed their commitment to the observance of internationally recognized standards. The Ministerial Declaration recognized the ILO as the “competent body to set and deal with these standards,” therefore deferring labor issues to the ILO instead of the WTO. The WTO further stated that they reject the use of labor standards for protectionist purposes and that the comparative advantage, particularly of low-wage developing countries, should not be put into question. The collaboration between the ILO and the WTO was established and strengthened through the Ministerial Declaration. From 1996 to the present, the WTO has held that the ILO is the appropriate body to deal with labor and trade issues. Developed vs. Developing Countries The main divergence in opinion about including labor standards in trade agreements stems from the effects that this has on developing and developed countries. Some of the main issues that have created tension between the two groups of countries include child labor, health and safety standards, working 9
conditions, wages, the informal and the formal sector, trade unionism, and the right to strike. The differences in the level of economic development and labor standards between these countries have left this debate at a standstill as both sides have not found a means to meet each others’ interests. Since the opening of international markets and the rise of globalization, global trade has disproportionately impacted countries that are trading. Even though this has allowed many economically developing countries to expand their market reach and improve their economies, more industrialized countries have felt negative consequences. The level of economic development of a country remains at the heart of this debate, as including labor standards can dramatically impact production and economic growth. Developed countries have been strongly advocating for the inclusion and implementation of labor standards in WTO trade agreements. Member nations from the European Union and North America have been some of the biggest proponents of this issue. One of the key arguments that developed countries have advanced is that developing countries have a comparative advantage in trade because they have weak enforcement systems and low labor standards. Furthermore, these countries typically pay their workers less, which also might offer them some comparative advantages in trade, compared to developed countries that can provide higher wages. Proponents of workers’ rights and labor urge that all trading nations should be held to strict labor standards. These nations view WTO agreements that include labor standards as a mechanism in which countries can be held accountable for labor violations and trade can be more equalized among countries. More specifically, developed nations have suggested that this issue be brought up through working groups within the WTO. They believe that bringing these issues to the forefront of the WTO will incentivize member governments to improve working conditions for workers around the world. Developing countries, on the other hand, have been opposed to and hesitant of mandating labor standards in WTO trade agreements. Given that many of these nations are still industrializing, their level of labor standards and conditions for workers have not been able to meet those of more industrialized countries. These countries typically have offered lower wages, poorer working conditions, and have subjected workers to other unfair labor practices. However, this is primarily due to weak enforcement systems, coupled with the need to maintain competitiveness among already industrialized nations. Labor standards have been perceived as being costly and as hindering economic development. Officials in developing countries have argued that the level of working conditions and labor rights that are expected will arise through natural 10
economic growth, such as what happened with industrialized countries. Furthermore, these nations see any actions taken against them because of their lower labor standards as measures that would further perpetuate poverty and delay improvements. Fundamentally, these nations are not confident in their ability to meet ILO or labor standards in trade agreements if they were to be imposed. Because of this, industrializing nations have strongly urged against including these standards, and instead have supported adopting different standards that would find a balance between allowing them to remain competitive in international trade and provide workers with better rights. Current WTO Stance on Trade Agreements and the Inclusion of Labor Standards The debate on the inclusion of labor standards and ensuring fair labor practices through WTO trade agreements is still one of the most pressing international debates. The rise of globalization has allowed for international trade to flourish in many aspects, especially through opening market access and economic development. Despite this, many negative consequences have come from globalization, many of which have disproportionately affected labor issues and workers’ rights. Workers’ rights are constantly placed in jeopardy, creating issues of precarious labor situations and overall working conditions that violate these individual’s rights. Although awareness about these problems has increased, international organizations are still unsure of how to improve and ensure guaranteed labor rights to workers, especially when international trade is heavily involved. The WTO continues to maintain its original position that the ILO is the competent body to deal with labor issues, not the WTO. This stance has in some ways further perpetuated this issue as the onus on the impact of trade on labor rights has been diminished. It is the goal of this committee to try to resolve differences between the interests in developed and developing countries in the adoption and implementation of these labor standards in trade agreements, and to best find ways in which workers’ rights and lives can be protected. 11
Topic II: Increasing Market Access and Decreasing Barriers for Developing Countries Background and Overview The WTO consists of 164 members and 23 observer nations that represent 98% of world trade. Over three-quarters of these nations are developing or industrializing countries in transition to market economies. The WTO is currently working to provide benefits to less-developed nations by giving them more time to adjust to the WTO provisions and greater flexibility in their transition period. Additionally, the WTO dispute settlement system benefits smaller nations with its decisions based on rules rather than economic power. This is intended to help developing nations reach equal footing with more developed ones in international trade, however, some nations are starting to abuse this power by frequently initiating disputes in efforts to take down the nations who have deep trade relationships in all sectors of goods and services. The dispute settlement system is a mechanism in which these international agreements are enforced, offering security and predictability to the multilateral trading system. The procedure includes consultations and a panel that receives written and oral reports of the issue. This panel interprets the rules of the WTO and develops a conclusion to the dispute. When the WTO develops a resolution, trade sanctions are placed on nations that do not comply with the terms of the settlement within a reasonable time period. The general imbalances between developed and developing nations cause many of the disputes that require the described process above. Wealthier nations are reluctant to trade with developing nations based on every nation’s natural tendency to want to dominate the market and reduce competition. As a result, developing nations face many trade barriers including tariffs, import bans, or quotas that restrict quantities. The trade barriers create three major hurdles that block market access from emerging nations: specific tariffs, falling commodity prices, and non-tariff barriers. Specific Tariffs: Tariffs are taxes on imported goods and in some cases exported goods. The main problem with tariffs today is that extensive specific tariffs are targeting developing nations. These tariffs are implemented based on quantity as opposed to value. Many tariffs are still levied as a percentage of a product’s 12
total value but some are tariffs on certain types of goods, most notably, agricultural products. During the Uruguay Round Agreements, the WTO members agreed to move toward quotas (quantitative restrictions) on agricultural products. However, this results in discrimination against low- income countries whose main exports are primarily agricultural goods. A major problem with this is that these specific tariffs are not transparent because they are linked to quantity. This means that if prices drop, the specific tariffs remain unchanged and market access consequently decreases. Falling Commodity Prices: Commodity prices have tanked and once again it is the developing nations that witness the resulting rise in protectionism. Besides petrol, most commodities are at relatively low levels which is problematic alongside the specific tariffs. Non-Tariff Barriers: Finally, there has been a growth in non-tariff barriers that are particularly harmful to the less developed nations. These often come in the form of export quality standards such as animal health, food safety, and environmental standards. These factors will be discussed further in greater detail later in the background guide. Doha Development Agenda The latest round of trade negotiations between the members of the WTO occurred in 2001 with the Doha Development Agenda. This agreement addressed the issues of market access, WTO rules, and trade facilitation by introducing lower trade barriers and revising the WTO trade rules. Governments of involved nations agreed to be more open and clarify rules on regulations to increase transparency. Under the negotiations, the members settled on an a la carte system where “each government has the right to decide which sectors it wants to open to foreign companies and to what extent, including any restrictions on foreign ownership.” Both developing and developed nations had a reason for participating in these negotiations. The following are some of these motives: • Developed nations sought new export opportunities in sectors including financial services, telecoms, energy services, express delivery and distribution services. • Developing nations sought new opportunities in sectors including tourism, medical services, and professional services. • Both developed and developing nations sought clearer rules on domestic regulations. 13
Now, about 20 years later, nations in the WTO are again seeking reform as the global economy has drastically changed since the Doha Development Agenda. The policies established in this agreement are in need of an update to fit modern trade relationships and new barriers that have developed since 2001. Market Access In the WTO, market access for goods refers to the “conditions, tariff and non- tariff measures, agreed by members for the entry of specific goods into their markets.” Developed countries previously agreed to a 40% cut for tariffs on industrial products and all tariffs on agricultural products are bound. In a process called “tariffication,” almost all import restrictions, such as quotas, were replaced by tariffs which were to be gradually reduced over time. This has made markets more predictable, especially for agriculture, which contributes to the WTO’s goals of leveling the playing field for its members. The image shows the levels of market access as of 2017 by region. Discrepancies in market access between developing and developed nations mean that some nations have a significantly large share of the global market. The top 5 markets include China, United States, Germany, Japan, and South Korea. The nations with the freest markets include Singapore, Hong Kong, and the Netherlands. 14
Environmental Effects on Market Access Market access is largely affected by the environmental measures taken by many countries. The WTO works toward finding the necessary balance between trade and environmental policy-making. Many nations have strict environmental and health standards that effectively block many products from being imported. These standards can be on a wide variety of issues such as animal welfare, pest control, or water conservation. While these restrictions are well-intentioned, they put developing countries at a significant disadvantage who are often incapable of meeting such standards. This will be an important topic to address in committee. The figure below ranks each country’s level of environmental protection according to the Environmental Performance Index. The map shows the correlation between wealth and being eco-friendly with the richer nations scoring highest. Effects of Physical Infrastructure on Market Access The quality of physical infrastructure, such as roads, railways, telecommunications, financial institutions, and marketing channels, also affects a nation’s access to the international market. Better infrastructure enables companies to commit more resources to exporting to international markets and 15
in cases such as in Singapore, Dubai, and Hong Kong, the high level of infrastructure attracts major investments. Trade Barriers The reduction of tariffs has increased trade among developed nations, but the barriers that remain on manufactured goods continue to be an obstacle for developing nations trying to expand their export of such goods. To protect their own economies, developed nations limit these imports and consequently hinder foreign competition. The high non-tariff import barriers on a variety of export products, such as textiles, have caused the lack of equal trade opportunity that the WTO seeks to fix. Some of the problems to consider that lead to these trade barriers include: • Economic cross retaliation • Protectionism in agriculture and the food production industries • Domestic bias in the regulation of restrictive business practices • Industrialized country limitation of trade among developing countries • Distortion of international trade as a result of government participation “If such a trade barrier undermines the export opportunities of the developing country and is found to be inconsistent with the WTO, its withdrawal may not occur until two or three years after filing a WTO dispute settlement complaint.” This can be problematic because the developing nation will suffer from the barrier until the dispute settlement proceedings are completed. The committee may want to address this and other such issues with the dispute settlement practices in the WTO. Solutions Since its creation in 1995, the WTO has initiated substantial policies that have effectively lowered trade barriers. In each category in the graph below, the trade barrier has steadily decreased since 1998. This data further suggests that more productivity gains would result from additional reductions in non-tariff regulatory barriers. 16
However, this committee will discuss any possible solutions lowering trade barriers and increasing market access globally. All practical solutions are welcomed and delegates are encouraged to work together to develop comprehensive solutions and policies that the WTO could adopt. The map below shows that many of the current trade blocs are between nations geographically near each other, but we encourage you to work together with delegates from across the world to find solutions that will raise up and benefit the economies of all nations. The WTO has not taken much action recently regarding these issues so it is the goal of this committee to develop a new set of agreements to remedy these problems. The most recent major reforms concerning market access and trade barriers were established in the Doha Development agreements in 2001. With the constant fluctuations in the international market and new trade relationships between nations, the current policies have become outdated for modern economics. It will also be important to take the factors such as the environment and physical infrastructure into consideration when developing comprehensive solutions that should not discriminate against any under- developed nation. Most importantly, this committee seeks to find a balance 17
between helping increase market access and decreasing trade barriers with maintaining a relatively free and open market. 18
Committee Positions: Afghanistan - Joined July 2016 Honduras - Joined January 1995 Albania - Joined September 2000 Hungary - Joined January 1995 Angola - Joined November 1996 India - Joined January 1995 Argentina - Joined January 1995 Israel - Joined April 1995 Australia - Joined January 1995 Italy - Joined January 1995 Austria - Joined January 1995 Jamaica - Joined March 1995 Bahrain, Kingdom of - Joined January Japan - Joined January 1995 1995 Jordan - Joined April 2000 Bangladesh - Joined January 1995 Luxembourg - Joined January 1995 Barbados - Joined January 1995 Mexico - Joined January 1995 Belgium - Joined January 1995 Morocco - Joined January 1995 Belize - Joined January 1995 Myanmar - Joined January 1995 Bolivia - Joined September 1995 Nicaragua - Joined September 1995 Bostwana - Joined May 1995 Oman - Joined November 2000 Brazil - Joined January 1995 Pakistan - Joined January 1995 Bulgaria - Joined December 1996 Peru - Joined January 1995 Burundi - Joined July 1995 Philippines - Joined January 1995 Cambodia - Joined July 2008 Portugal - Joined January 1995 Cameroon - Joined December 1995 Qatar - Joined Janurary 1996 Canada - Joined January 1995 The Russian Federation - Joined August Chad - Joined October 1996 2012 Chile - Joined January 1995 South Africa - Joined January 1995 China - Joined December 2001 Sweden - Joined January 1995 Colombia - Joined April 1995 Switzerland - Joined July 1995 Congo - Joined March 1997 Thailand - Joined January 1995 Costa Rica - Joined January 1995 Tunisia - Joined March 1995 Côte d’lvoire - Joined January 1995 Turkey - Joined March 1995 Croatia - Joined November 2000 Uganda - Joined January 1995 Cuba - Joined April 1995 The United Arab Emirates - Joined April Cyprus - Joined July 1995 1996 Denmark - Joined January 1995 The United Kingdom - Joined January The Dominican Republic - Joined March 1995 1995 The United States of America - Joined Ecuado - Joined January 1996 January 1995 Egypt - Joined june 1995 Uruguay - Joined January 1995 Fiji - Joined January 1996 Venezuela, Bolivarian Republic of - Finland - Joined January 1995 Joined January 1995 France - Joined January 1995 Viet Nam - Joined Janurary 2007 Germany - Joined January 1995 Yemen - Joined June 2014 Ghana - Joined January 1995 Zimbabwe - Joined March 1995 Greece - Joined January 1995 Guatemala - Joined July 19 19
Works Cited Artuso, Maria and Crolan McLarney. “A Race to the Top: Should Labour Standards be Included in Trade Agreements?” Vikalpa. January-March 2015. Burtless, Gary. “Workers’ Rights: Labor Standards and Global Trade.” Brookings. 1 September, 2001. “Country Comparison: Exports” The World Factbook, https://www.cia.gov/library/publications/the-world- factbook/rankorder/2078rank.html. “Developing countries in WTO dispute settlement” World Trade Organization, https://www.wto.org/english/tratop_e/dispu_e/disp_settlement_cbt_e/c11s1p1_e.ht m. “Global market access through regional presence” BASF, https://seekingalpha.com/article/4097482-basf-se-basfy-presents-jefferies-13th- annual-industrials-conference-slideshow. “Integrating environment and development in decision-making” The Encyclopedia of World Problems & Human Potential, http://encyclopedia.uia.org/en/strategy/202210. International Labor Organization. “ILO Declaration on Fundamental Principles and Rights at Work and its Follow-Up.” 18 June 1998. International Labor Organization. “ILO Supervisory System/Mechanism.” 2020 International Labor Organization. “The Benefits of International Labor Standards.” 2020. “Market Access Barriers: A Growing Issue for Developing Country Exporters” International Trade Center, http://www.tradeforum.org/Market-Access-Barriers- A-Growing-Issue-for-Developing-Country-Exporters/. “Market access for goods” World Trade Organization, https://www.wto.org/english/tratop_e/markacc_e/markacc_e.htm. 20
“The Doha Round” World Trade Organization, https://www.wto.org/english/tratop_e/dda_e/dda_e.htm. “Top 10 economies best set up for trade” World Economic Forum, https://www.weforum.org/agenda/2014/04/10-countries-best-for-enabling-trade/ “Trade barriers against developing countries” The Encyclopedia of World Problems & Human Potential, http://encyclopedia.uia.org/en/problem/144239. “2 Factors Affecting the Selection of International Market Entry Mode” Your Article Library, http://www.yourarticlelibrary.com/international-marketing/2- factors-affecting-the-selection-of-international-market-entry-mode/5866 “Which are the world’s most environmentally friendly countries?” World Economic Forum, https://www.weforum.org/agenda/2016/05/which-are-the- worlds-most-environmentally-friendly-countries “Who we are.” World Trade Organization, https://www.wto.org/english/thewto_e/whatis_e/who_we_are_e.htm. World Trade Organization. “Labour Standards: Consensus, Coherence, and Controversy.” 2020. World Trade Organization. “Singapore Ministerial Declaration.’ 13 December 1996. World Trade Organization. “Trade and Labour Standards.” 2020. 21
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