GATT, Trade Liberalization, and
the Environment:
An Economic Analysis
Arlene Wilson
Specialist in International Trade and Finance
Economics Division
April 5, 1994
94-291 E
CONTENTS
SUMMARY
OVERVIEW
OF THE MULTILATERAL TRADING SYSTEM
-- ECONOMIC BENEFITS
OF FREE TRADE
-- IMPORTANCE
OF THE MULTILATERAL TRADING SYSTEM
THE
EFFECT OF TRADE LIBERALIZATION ON THE ENVIRONMENT
-- ENVIRONMENTAL
DEGRADATION: BASIC CAUSES AND CURES
-- HOW
TRADE LIBERALIZATION AFFECTS THE ENVIRONMENT
IMPORT
RESTRICTIONS FOR ENVIRONMENTAL PURPOSES
-- GATT PRINCIPLES
-- PRODUCT VERSUS PPM
STANDARDS
-- MULTILATERAL COOPERATION
THE
EFFECT OF DIFFERING ENVIRONMENTAL STANDARDS ON INDUSTRIAL
LOCATION
CONCLUSION
The primary cause of environmental degradation is market
failure, not trade liberalization. One type of market failure
occurs when, for example, production pollutes a nearby river, but
the cost of the product produced does not include the cost of
environmental degradation. The most efficient remedy is to
address the market failure at its source, either by establishing
or enforcing property rights, or with policies such as taxes,
subsidies, or user fees.
In the presence of market failures, however, trade
liberalization can exacerbate environmental problems. On the
other hand, trade liberalization may reduce pollution by
increasing economic growth; evidence suggests that countries with
higher per capita income spend more on pollution control. Trade
liberalization could also benefit the environment by eliminating
restrictive trade policies, such as agricultural subsidies, that
have contributed to higher pollution levels.
For economists, the general dislike for import restrictions is
rooted in the economic importance of trade and the need for a
viable multilateral trading system to sustain the commitment to
free trade. Over the postwar period, the General Agreement on
Tariffs and Trade (GATT) has been successful in liberalizing
trade, and stimulating economic growth. Since pressures for
protection from import competition always exist, however, many
economists are concerned that trade restrictions for legitimate
environmental or other social goals might be abused by
protectionists.
Although trade restrictions are generally not the most
efficient policy to resolve environmental problems, they could
play a role in some limited cases. For example, it might be
useful to amend GATT rules to permit trade restrictions to
enforce multilateral environmental treaties. If GATT rules are
amended, they need to be carefully defined to avoid being used as
disguised barriers to trade.
In general, GATT rules permit a country to adopt any
environmental standards it wants for domestic products, and to
require that imported products meet the same standard. GATT rules
have been interpreted to prohibit countries from unilaterally
imposing trade restrictions because products were produced abroad
by methods deemed unacceptable.
Some are concerned that firms in countries with high
environmental standards may relocate to countries with lower
standards. Suggestions to use subsidies or tariffs to offset the
difference in standards are economically undesirable because they
inhibit trade, investment, and economic growth. Moreover, it is
argued that lower environmental standards are only one factor in
the relocation decision; infrastructure, transport costs, access
to markets, and the cost and quality of labor are much more
important in most cases.
The interaction between trade and the environment in recent
years has raised a number of important questions. For example, do
environmental goals conflict with those of the multilateral
trading system? If so, to what extent? How is the environment
affected by trade liberalization, which increases the volume of
trade, and spurs economic growth? In what circumstances are trade
restrictions, historically monitored by the General Agreement on
Tariffs and Trade (GATT), appropriate to enforce environmental
goals?
Environmental concerns have been an important issue in
negotiations towards the North American Free Trade Agreement
(NAFTA) and in the Uruguay Round. After much discussion and
compromise, the NAFTA and a side agreement addressed concerns
such as safeguarding stricter U.S. standards, enforcement of
environmental standards in Mexico, and border pollution.
Although some environmental modifications were made in the
Uruguay Round, most substantive issues were left for future
negotiations. At the conclusion of the Round, it was agreed that
a work program on trade and the environment would be formulated
by April 15, 1994, the date of the signing of the Final Act
(which incorporates all the Uruguay Round Agreements). Thus, it
is likely that the interaction between trade, GATT, and the
environment will continue to be an important issue in the 1990s.
This report surveys the most important issues in the
trade-environment-GATT debate from the perspective of economic
analysis, assuming that environmental goals in society are a
given. (1) Thus, the report focuses on the most efficient way to
address environmental concerns. In particular, the use of trade
restrictions to achieve environmental goals is analyzed.
The report begins with a section on the rationale for a strong
multilateral trading system. The following three issues are then
surveyed:
- The effect of trade liberalization on the environment,
- Import restrictions for environmental purposes, and
- The effect of differing environmental standards on
industrial location.
Although the above issues are among the most prominent, they
are not the only ones of concern. Other important issues, such as
dispute settlement and subsidies, are beyond the scope of this
report.
ECONOMIC BENEFITS
OF FREE TRADE
The goal of free trade is to raise the economic well-being of
trading countries by improving efficiency, productivity, and
economic growth. One way in which free trade improves efficiency
is through promoting specialization. According to the
"comparative advantage" principle, if each country
produces those products in which it is relatively more efficient,
and trades for products it is relatively less efficient at, all
countries gain. Another important source of efficiency gains is
"economies of scale"; with a larger market, firms can
lengthen production runs and lower costs. Consumers, in
particular, benefit considerably from lower prices, higher
quality, and a wider choice of products.
Free trade can also enhance the investment climate, improve
the rate of technological development, and stimulate firms to
become more competitive. These dynamic gains are often of greater
long-term significance than the benefits of comparative
advantage.
Economic growth is especially important to those at the lower
end of the income scale in both developed and developing
countries. By increasing economic growth, trade liberalization
can help to reduce poverty. At present, more than 1 billion
people live in poverty worldwide, and this number is expected to
grow even if the rate of population growth declines. (2)
IMPORTANCE
OF THE MULTILATERAL TRADING SYSTEM
While trade liberalization is almost always a net economic
gain to the Nation, it often faces effective domestic resistance.
In the face of domestic pressures for protection from foreign
competition, maintaining a commitment to free trade has often
been difficult. Even though consumers, many producers, and
exporters benefit from free trade, consumers (and sometimes
exporters) are usually not organized to defend it. At the same
time, import-competing industries may actively encourage trade
restrictions.
The experience of the 1930s illustrates the dangers of
protectionism. The Tariff Act of 1930 (more widely known as the
Smoot-Hawley Tariff) raised tariffs to an all-time high, amid
strong protectionist pressures. President Hoover was
(unsuccessfully) urged to veto the Act by 1,028 leading American
economists. (3)
It is widely believed that the Smoot-Hawley Tariff served to
deepen the worldwide depression of the 1930s. Within two years,
25 nations retaliated by raising tariffs in an attempt to protect
their own industries. (4) Other measures followed, such as
competitive currency depreciations, in which countries attempted
to increase their exports by depreciating their currencies.
Ultimately, all countries became worse off. Current fears of the
"slippery slope" in which some trade restrictions
quickly lead to other, more onerous, restrictions, is thus rooted
in the history of the 1930s. Not only did trade restrictions
exacerbate the depth and duration of the depression, but many
believe they also contributed to worsening political relations
among countries and the growing nationalism of the decade.
One motivation for negotiating the General Agreement on
Tariffs and Trade (GATT) was to prevent a repetition of the trade
restrictions of the early 1930s. The purpose of the GATT is to
provide a stable and predictable basis for trade. In addition to
a framework of principles to govern international trade, the GATT
provides a forum for negotiating trade issues and a procedure to
settle disputes among nations. The GATT system was a major factor
in the postwar liberalization of world trade.
The GATT entered into force in January 1948. Since then,
successive rounds of multilateral trade negotiations have reduced
tariffs and quotas dramatically. More recently, negotiations have
focused on developing rules for a variety of nontariff barriers,
such as subsidies and inadequate protection of intellectual
property rights.
With over 100 GATT contracting parties, liberalizing trade
rules is a continuing, sometimes very contentious, process,
especially since countries often have quite different goals.
Although much progress has been made, trade is far from
completely free. Moreover, pressure for trade restrictions is
always present. A recent example is the use of voluntary export
restraints (VERs), which were not covered by GATT rules in the
1980s. (5)
The postwar GATT process of trade liberalization has been
accompanied by a large increase in world trade. Economists often
compare the trade increase with the growth of world GDP (gross
domestic product) over this period, and maintain that increasing
trade contributed substantially to economic growth in the postwar
period. From 1965 to 1980, the average annual percentage change
was 6.6 percent for exports and 4 percent for GDP (See figure 1).
Stated another way, world trade grew 65 percent faster than GDP
from 1965 to 1980. From 1980 to 1990, the average annual growth
rate of exports was 4.3 percent, 34 percent higher than the rate
of growth of 3.2 percent for GDP.
insert figure 1 here
In the early postwar period, trade liberalization was a major
factor in the economic growth of the industrial countries. (6) In
more recent years, trade expansion was a central reason for the
rapid economic growth of the emerging economies, such as Korea,
Taiwan, Mexico, and Brazil. It is likely that trade
liberalization will also play a key role in the economic
prospects of the former Soviet bloc economies. (7)
Trade liberalization is generally not the major cause of
environmental problems. Nevertheless, in some cases, trade
liberalization can reduce environmental damage, and in some
cases, it can exacerbate environmental problems.
ENVIRONMENTAL
DEGRADATION: BASIC CAUSES AND CURES
The most important cause of environmental problems is thought
to be the failure of markets to reflect environmental values. (8)
A negative externality (or spillover) is a type of market failure
that occurs when prices do not fully reflect all the costs
involved in producing products. In other words, the private costs
of production differ from the social costs. For example, if a
factory pollutes a river, but neither the producer nor consumer
pays for the environmental damage, the private cost of production
is lower than the social cost. In a market economy, for a given
level of demand, too much of the product will then be produced,
along with too much pollution.
One reason such negative externalities arise is that no one
owns many environmental assets. The air, the oceans, the ozone
layer, as well as many lakes, rivers and forests are not
privately owned. Property rights in these assets may never have
been assigned, or may be disputed or ambiguous. If assigned,
property rights may be difficult or costly to enforce. This
means, however, that polluters have no incentive to take
environmental degradation into account in their production
process.
The most efficient way to address environmental problems is,
according to a well-established economic principle, to address
the market failure at its source. In other words, the total cost
of the product should reflect both the private and social costs.
In developed countries, the primary remedy has been environmental
regulation, also known as a "command and control"
policy. Mainstream economic analysis suggests that economic
instruments such as assignment and enforcement of property
rights, taxes, user fees and subsidies are usually more efficient
and flexible (and sometimes more effective). (9)
Under most circumstances, trade restrictive measures do not
directly address the source of the environmental problem, and are
thus not the most efficient method of resolving environmental
problems. In addition, they can distort trading relationships,
and are easily evaded (by, for example, diverting exports through
third countries). A role for trade restrictions can exist,
however, when direct measures are politically or practically
difficult to achieve, or to enforce multilateral environment
treaties (discussed in more detail later).
HOW
TRADE LIBERALIZATION AFFECTS THE ENVIRONMENT
Trade liberalization can affect the environment by increasing
economic growth, which can, in the presence of environmental
externalities, increase environmental problems. Referring to the
example earlier of the factory polluting the river, it is easy to
see that increased economic growth means more products and
pollution are being produced. To the extent that the prices of
traded goods do not reflect both the private and social costs of
production, increased trade and demand for the product will then
exacerbate environmental problems. A number of studies have shown
that trade liberalization may reduce a country's overall welfare
if environmental resources are incorrectly priced (which may
depend on appropriate environmental policies being in place).
(10)
On the other hand, increased economic growth provides
resources and the will for addressing environmental problems.
People in higher-income countries tend to be more educated about,
more interested in, and more willing to spend resources on,
environmental protection than those in less developed countries.
Indeed, one often-cited study on sulphur dioxide pollution and
GDP per capita by Grossman and Krueger supports this hypothesis
(11). It concludes that countries with low GDP per capita show an
increase in sulphur dioxide pollution as GDP per capita
increases. However, once per capita GDP reaches $5,000, increases
in GDP per capita are associated with declining sulphur dioxide
pollution. In other words, as living standards increase, at some
point sulphur dioxide pollution decreases.
The net environmental effects of trade liberalization through
increased economic growth, whether positive or negative, are
likely to be relatively small in the future. This is because,
since trade is already quite free in most developed countries,
additional trade liberalization has a relatively small effect on
economic growth, and consequently on the environment. Moreover,
trade still represents a relatively small share of economic
activity in most countries.
Another way that trade liberalization may affect the
environment is through the types of products traded. More trade
in pollution-control products, for example, could improve the
environment and spread new environmental technologies to trading
partners. At the other extreme are increases in trade in products
such as endangered species and hazardous waste, which damage the
environment. (12)
An important benefit from trade liberalization would occur if
it eliminates restrictive trade policies that contributed to
market failures. In agriculture, for example, it is argued that
reductions in domestic support policies and improved market
access would cause some agricultural production to shift from
high income countries to low income countries, where pollution
might be less. one specific example is that of the use of
chemical fertilizers and pesticides, which is about ten times per
hectare greater in countries with higher producer prices than in
those with lower producer prices. (13) It might be expected,
then, that reductions in government price support policies in
high producer price countries would reduce prices in those
countries, and shift some production to low producer price
countries. As a result, the use of chemicals and pesticides might
decrease.
In summary, trade liberalization can benefit the environment
by increasing economic growth and providing resources for
resolving environmental problems, by increasing trade in
pollution-control products, and by eliminating government
policies that contribute to market failures. Trade liberalization
can harm the environment by promoting economic growth under
conditions of market failure, and by stimulating trade in
environmentally-damaging products. Both the positive and negative
environmental effects are likely to be small relative to total
world trade.
This issue is one of the most contentious and complicated in
the trade-environment debate. For economists, the general dislike
for import restrictions is rooted in the economic importance of
trade and the need for a viable multilateral trading system to
sustain the commitment to free trade.
A major concern is that trade restrictions for legitimate
environmental or other social goals might be used by others as
disguised barriers to trade, which has happened many times over
the years. One recent example is that of the increase in an
environmental tax on beer cans by the Canadian province of
Ontario in 1992. Although the increase was applied to both
domestic and imported beer cans, it was not applied to any other
kinds of cans, such as soft drinks, juice, or soup. Moreover,
most U.S. beer sold in Ontario is in beer cans, while 80 percent
of domestic beer in Ontario is sold in bottles. (14) Some
maintain that if it were primarily for environmental purposes,
the tax would have been applied to all aluminum cans, not just
beer cans. Since the increased tax mainly affects U.S. beer
exports, it can be argued that it was designed mainly to protect
Canadian beer producers from competition and not to protect the
environment.
GATT PRINCIPLES
The GATT provisions most relevant to environmental import
restrictions are the most-favored-nation (MFN) principle, the
national treatment principle, and the general exceptions. (15)
The most-favored nation principle, in Article I, requires each
GATT contracting party to grant to each other contracting party
treatment at least as favorable as it grants to its most favored
trade partner. No country can discriminate among countries in
applying tariffs or charges, unless an exemption is allowed.
The national treatment principle, in Article III, obligates
each country not to discriminate between domestic and foreign
products. Once an imported product has entered a country, the
product must be treated no less favorably than "a like
product" domestically produced. In other words, tax and
regulatory treatment of the imported product must be the same as
the domestic product. The term "a like product" has
been interpreted to mean the characteristics of the product
itself, not the method of producing the product. This distinction
is important when considering whether or not trade restrictions
for environmental purposes are consistent with the GATT.
Article XX (General Exceptions) of the GATT allows for some
exceptions to the basic GATT rules, as long as they are not
arbitrary or unjustifiable discrimination among countries and are
not disguised barriers to trade. Those exceptions relevant to the
environment are measures:
- necessary to protect human, animal or plant life or
health; and
- relating to the conservation of exhaustible natural
resources if such measures are made effective in
conjunction with restrictions on domestic production or
consumption.
Most environmental measures would be covered under the above
two categories, even though the environment is not specifically
mentioned. (16) A few legitimate environmental measures, however,
such as recycling requirements, might not be covered.
Whether or not environmental trade restrictions violate GATT
principles is a complex issue, and depends partly on the type and
purpose of the restriction. Is the restriction imposed to enforce
a product standard or a process and production method (PPM)? Does
it involve a purely domestic environmental problem, or are there
spillovers to other countries or to the global commons? Is the
restriction unilaterally imposed by one country against others,
or is it the result of a multilateral decision?
PRODUCT VERSUS PPM
STANDARDS
Product standards differ from PPMs in that the former refer to
the product itself, while the latter apply to the method by which
a product is produced. There is no conflict between GATT rules
and an import restriction to enforce an environmental regulation
(product standard) on domestic sales of goods when there are no
spillovers to other countries. GATT rules do not inhibit a
country from using trade restrictions to impose a domestic
product standard as long as national treatment and MFN
requirements are fulfilled. Each country has the right to
establish its own standards, such as emission controls for cars,
and to require that all products, both domestic and imported,
conform to its standards.
The use of import restrictions against countries whose PPMs
differ is considerably more complicated. In the tuna-dolphin
issue (see box on next page), a GATT panel concluded that the
U.S. embargo was inconsistent with GATT rules because it involved
a process, not a product, and because it was applied outside the
country's territorial jurisdiction. The GATT panel suggested that
it would be preferable to amend the rules or seek a waiver from
the rules, which might prevent abuse of the trade restrictions.
At the request of both Mexico and the United States, who
subsequently resolved the issue bilaterally, the GATT panel
report was never adopted by the contracting parties.
The GATT panel report in the tuna-dolphin case was very
controversial. Some maintained that the GATT panel was unduly
narrow in its interpretation of the rules, especially Article XX.
It was also argued that obtaining a waiver would have been
difficult because it only applies in "exceptional
circumstances and requires a majority vote (and two-thirds of
those present) of the contracting parties. Amending the GATT
would also have been difficult and time consuming; some rule
amendments require a two-thirds majority, while for others all
contracting parties must agree.
The
Tuna-Dolphin Issue
Since large yellowfin tuna often swim underneath schools
of dolphins in the eastern tropical Pacific Ocean, when purse
seine nets are used in tuna fishing, dolphins can also be
caught. Pursuant to the U.S. Marine Mammal Protection Act
(MMPA), dolphin protection standards for both the U.S.
fishing fleet and for other countries fishing in the eastern
tropical Pacific Ocean have been promulgated. If the
standards are not met by a particular country, the MMPA
requires an embargo of all yellowfin tuna and tuna products
from that country. Imports of yellowfin tuna and tuna
products from Mexico, and several other countries, have been
prohibited under the MMPA.
In February 1991, Mexico argued that the U.S. prohibition
was inconsistent with the GATT, and requested a GATT dispute
settlement panel. The United States maintained that the
import restriction on tuna was justified under the GATT's
national treatment provision. The United States also argued
that the prohibition was valid under Article XX of the GATT,
which provides for exceptions for animal health or
exhaustible natural resources.
The dispute settlement panel found that the prohibition
violated the national treatment provision (Article III of the
GATT) because it discriminated between the imported product
and the like domestic product, which were identical even
though the processing (fishing) method differed. The GATT
panel also found that Article XX does not allow trade
restrictions to enforce a country's own laws outside its
jurisdiction. Thus, Mexico's position was upheld on both
counts.
The panel, however, found the U.S. Dolphin Protection
Consumer Information Act to be GATT consistent. This Act,
which requires tuna products labeled "Dolphin safe"
to meet certain dolphin protection standards, is applied to
both domestic and imported tuna products.
Source: GATT, op. cit., p. 15.
Economists generally oppose import restrictions to enforce
PPMs for two main reasons. First, PPMs represent one of many
types of differences among economies that are the basis for
trade. If such differences are eliminated, some or all of the
expected economic gains from specialization could be lost.
Second, the use of trade restrictions for environmental PPMs
could quickly lead to a proliferation of trade restrictions due
to differences in other kinds of policies.
Moreover, some economists argue that unilateral trade
restrictions, such as that imposed in the tuna-dolphin case,
violate the sovereignty of other nations. Attempts to force other
countries to adopt the same production methods (or refrain from
certain production methods) is based, to some extent, on judgment
of what the appropriate policies are. Environmental policies
appropriate for one country may not be appropriate for other
countries, with different levels of environmental degradation,
and more (or less) resources to devote to pollution control.
Countries may evaluate the costs and benefits of environmental
measures differently. The risks of specific environmental
problems may be assessed as high by some countries and low by
others. Furthermore, unilateral trade restrictions are
"inherently asymmetric towards poor nations with less
economic clout, implying that the economically strong nations are
also morally superior and their governments must not be
constrained by multilateral rules from coercing others into
conversion." (17)
Economists generally oppose unilateral trade restrictions
because they undermine the stability of the multilateral,
rules-based GATT system. Some also argue that other, more
appropriate ways can be found to address environmental problems
caused by production methods in other countries. Products can be
labelled to allow consumers to decide whether or not to purchase
products produced in environmentally sound ways. Environmental
organizations could undertake educational campaigns in, or
provide financial or technical assistance to other countries, to
encourage more environmental-friendly production methods.
MULTILATERAL COOPERATION
Many environmental problems are international in scope. Issues
such as ozone depletion, climate change, and species protection
and diversity are not limited to one country. In some cases,
actions in one country result in higher pollution levels in one
or more other countries; acid rain is an example. In other cases,
actions of countries spill over into the global commons, such as
the atmosphere and the oceans.
The resolution of environmental problems, even when they
involve spillovers to other countries or the global commons,
usually involves correcting the market failures that caused the
problems. The same principle applies as with domestic
environmental problems: the most efficient policies are those
that directly address the externality. If property rights cannot
be assigned or enforced, economic instruments, such as taxes,
user fees, or subsidies, are the most efficient tool.
International environmental problems, however, require action
by all concerned countries, not just one. Multilateral
cooperation can produce consensus on the nature of a problem and
agreed approaches to solving it. Moreover, multilateral action
avoids imposing one country's values on another, perhaps
economically or politically weaker, country.
In practice, however, it is difficult and time-consuming to
negotiate multilateral agreements. An environmental problem may
be so pressing that it needs to be resolved right away. one
country may be more eager to negotiate than others if, for
example, it gives a higher priority to an environmental issue.
Some countries may wish to be a "free rider" by not
participating in an agreement while still benefitting from the
solution. One way of addressing this problem is to provide a
"carrot," or an incentive, such as financial
assistance, to encourage other countries to participate in a
multilateral environmental agreement.
No supra-national body exists to enforce the provisions of
multilateral environmental agreements. Consequently, some
economists believe that trade restrictions are appropriate as a
"stick" or an enforcement tool. Indeed, they have been
used in this way, sometimes against countries that are not
parties to the agreement. For example, under the Montreal
Protocol on Substances That Deplete the Ozone Layer, parties ban
the import and export of controlled substances from non-parties.
The purpose of these embargoes is to prevent non-parties from
undermining the goal of reducing emissions of ozone-depleting
substances.
The use of trade restrictions to enforce environmental
treaties has not come before a GATT panel. There is some question
as to whether or not such restrictions would be consistent with
the GATT. In particular, trade restrictions that discriminate
among parties and non-parties to an environmental treaty could be
interpreted as violating the MFN provisions of the GATT. On the
other hand, some argue that an "implicit" GATT
exception exists because one signatory to an environmental
agreement would be unlikely to raise a GATT challenge against
another signatory. (18) Moreover, trade restrictions to enforce
multilateral environmental treaties are in principle more
acceptable than unilateral actions.
Daniel C. Esty argues that a multilateral organization similar
to the GATT should be established to protect environmental
values. (19) Generally, international environmental issues are
dealt with through national actions, international
agencies, and multilateral environmental treaties (which usually
involve specific issues). Unlike the GATT system, which has been
quite successful in defending free trade principles in the
postwar period, no multilateral umbrella environmental agreement
exists. A multilateral environment organization could define
environment principles, such as the "polluter pays"
principle, in which pollution costs are internalized in the costs
of producers and the prices paid by consumers. If accepted by a
broad group of countries, a comprehensive environmental agreement
could provide a better foundation for preserving environmental
values than changing GATT rules.
The possibility that firms, especially those with relatively
high pollution control costs, will relocate to a country with
lower environmental standards has been raised in many
discussions. It is argued that such relocation would increase
environmental degradation in the country with lower standards.
Some maintain that the comparative advantage of the country with
the higher standards would be eroded. This might result in
political pressure to restore comparative advantage by lowering
environmental standards in the country with higher standards.
A number of suggestions have been made to address this
concern. Imports from countries producing under lax environmental
standards could be restricted. Standards could be harmonized to
"level the playing field.'' Domestic subsidies might be used
to offset lower environmental standards in other countries. If
lower environmental standards in other countries are considered
an implicit subsidy, countervailing duties to offset the subsidy
could be applied.
Different environmental standards are, however, one of many
variations that are the basis for international trade and
investment. For example, levels of technology, labor skills, and
the availability of natural resources vary among countries.
Policies on taxes, education and immigration also differ. Trade
is beneficial partly because of each country's "comparative
advantage," which is based on differences among countries.
Standard economic analysis suggests that it would be
inefficient to neutralize differing environmental standards by
taxes, countervailing duties, or subsidies. Doing so would
prevent the beneficial expansion of trade and investment. Such
offsetting actions also might not cause other countries to change
their environmental policies. Moreover, if such policies were
adopted, it might be hard to prevent them from being used in
other circumstances. For example, once countervailing duties were
applied to offset lax environmental standards in another country,
it would be easier to use them to offset other kinds of policy
differences, running the risk of eroding the trading system.
It can be argued that lower environmental standards are not an
important reason for relocation. Other factors, such as
infrastructure, transport costs, taxes, access to markets,
economies of scale, labor availability, and the cost and quality
of labor are at least as important. When taken together, the
other factors are probably more important than environmental
standards in most cases. Evidence from several surveys of
international firms that had built plants abroad supports this
theory; market access, in particular is an important motivation
for plant relocation abroad. (20) Another study indicates that,
in the United States, pollution abatement and control
expenditures are .54 percent of output for all industries, and 3
percent of output for the dirtiest industry (cement). (21)
Trade liberalization is generally not the main source of
environmental problems. Since market failures are usually the
cause of environmental degradation, policies directly addressing
the failures are likely to be the most useful.
Nevertheless, in some cases GATT rules might be
modified to be more "environment friendly." Of the
issues reviewed in this paper, those cases might include:
- Adding the environment to Article XX to ensure that the
exceptions include all potential environmental concerns,
and
- Specifying where trade restrictions might be appropriate,
such as to enforce multilateral environment treaties.
Modifying GATT rules would, however, be a difficult and
complex undertaking. The rule changes would have to be flexible
enough to meet environmental needs at present and in the future.
At the same time, the GATT rule changes would need to include
clearly specified procedures and criteria to minimize the chances
of abuse by protectionists.
Endnotes
- For other aspects of the trade-environment relationship,
see Library of Congress. Congressional Research Service. Trade
and Environment: Treatment in Recent Agreements--GATT and
NAFTA, Report No. 94-165 ENR, by Susan R. Fletcher
and Mary Tiemann. 11 p. and Environmental Regulation
and the GATT, Report No. 91-285 A, by Jeanne J.
Grimmett. 43 p.
- The International Bank for Reconstruction and
Development. World Development Report 1992:
Development and the Environment. p. 25
- U.S. Library of Congress. Congressional Research Service.
The Smoot-Hawley Tariff Act of 1930: Its Effects on
U.S. Trade and Its Role in the Great Depression of
1929-1933. Report No. 87-993 E, by George Holliday
and Gail Makinen. Washington, November 27, 1987, p. 11.
- Ibid.
- In the 1980s, the United States negotiated VERs with
Japan on automobiles, with Japan and the European Union
(formerly called the European Community) on steel, and
with Japan and Taiwan on machine tools.
- See, for example, William R. Cline, Noboru Kawanabe,
T.O.M. Kronsjo, and Thomas Williams. Trade
Negotiations in the Tokyo Round: A Quantitative
Assessment. Washington, D.C., The Brookings
Institution, 1978. 314 p.
- International Monetary Fund. World Economic Outlook. May
1993. p. 72-75.
- For a more complete analysis, see Candice Stevens. The
Environmental Effects of Trade. The World Economy.
July 1993, Vol. 16, No. 4. p. 440-443.
- See, for example, Organization for Economic Co-Operation
and Development. Economic Instruments for
Environmental Protection. Paris. 1989. 132 p. Some of
these policies (subsidies and taxes, for example) could
be GATT inconsistent or the basis for a GATT challenge if
they discriminate between foreign and domestic products
or affect trade.
- Kym Anderson and Richard Blackhurst. Trade, the
Environment and Public Policy. in The Greening of
World Trade Issues. Kym Anderson and Richard
Blackhurst, eds. 1992. p. 19.
- Grossman, G.H. and A.B. Krueger. "Environmental
Impacts of a North American Free Trade Agreement."
Paper prepared for conference on the U.S.-Mexico Free
Trade Agreement. Princeton University. October 1991.
Cited in GATT. Trade and the Environment. February
1992. p. 18.
- Trade in endangered species and hazardous waste are
already controlled by U.S. law and multilateral
environmental treaties.
- GATT, op. cit., pp. 32-33.
- Ontario's Can Tax Angers Aluminum, Beer Industries. Journal
of Commerce. May 26, 1992, p. 1A, 2A.
- Other GATT provisions that affect environmental measures
are Articles II (Schedules of Concessions), VI
(Anti-dumping and Countervailing Duties), XI (Elimination
of Quantitative Restrictions), XVI (Subsidies) and the
Subsidies and Standards Codes agreed to in the Tokyo
Round in 1979.
- The Uruguay Round agreement does not add environment to
the Article XX exceptions.
- Jagdish N. Bhagwati. Trade and the Environment: The
False Conflict. Revised Text, Bradley Lecture, Feb.
9, 1993. p. 26.
- Christopher Thomas and Greg A. Tereposky. The Evolving
Relationship Between Trade and Environmental Regulation. Journal
of World Trade, v. 27, August 1993. p. 43.
- Daniel C. Esty. GATTing the Greens: Not Just Greening the
GATT. Foreign Affairs, v. 72, Nov./Dec. 1993., p.
36.
- Library of Congress. Congressional Research Service. Offshore
Manufacturing: Why U.S. Firms Go Abroad. Report No.
92-438 E, by Mark Jickling. Washington, May 18, 1992. pp.
13-19.
- Patrick Low. Trade Measures and Environmental Quality:
The Implications for Mexico's Exports. In International
Trade and the Environment. Patrick Low, ed., World
Bank Discussion Paper 159. 1992. p. 106.
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